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Articles Posted in Retaliation

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POLL: Was the #Donglegate firing fair?

Whew! Got a little carried away with yesterday’s post about the employee who got fired for tweeting complaints about discrimination, didn’t I? Then again, I’m not the one who came up with the hashtag #donglegate. Yesterday, I offered my legal analysis. Today, I want your non-legal opinion: SendGrid’s decision to fire…

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Employee gets fired for tweeting complaints about discrimination

Is this Retaliation 2.0? Two weeks ago, Adria Richards attended an industry conference at which she overheard sexual jokes from two attendees sitting behind her during a session. So, she complained…on Twitter: Not cool.Jokes about forking repo’s in a sexual way and “big” dongles.Right behind me #pycon twitter.com/adriarichards/… — Adria…

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Is rejecting a sexual advance, without reporting it, protected activity?

Of all employment claims presented to the Equal Employment Opportunity Commission, retaliation numero uno. It’s been that way since 2010. There are three essential elements of a retaliation claim: (1) protected activity — opposition to discrimination or participation in the statutory complaint process; (2) adverse action; and (3) causal connection…

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An EEOC complaint is not your free pass to goof off at work

Or sexually harass your co-workers. Unless, of course, you consider my working Hollywood manuscript: “An EEOC Complaint Is Your Free Pass to Sexually Harass.” I know, the title needs work, but with C. Thomas Howell, Tawny Kitaen real star power and a producer. ** Immediately regrets sixth shot of Drambuie with breakfast…

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Supreme Court to decide how an employee must prove Title VII retaliation

What makes retaliation the most common discrimination claim in America? I suspect it’s because other forms of discrimination (e.g., race, gender, disability) are more difficult to prove and don’t always result in an adverse employment action, such as termination of employment. And since most people like to keep their jobs,…

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Court countenances canning complainers of consensual canoodling

In Centucky Kentucky, it’s not retaliation to fire employees who complain about sexual favoritism. Then again making apple-pie moonshine and using a butcher cleaver to slice off the arm of a Detroit gangster isn’t frowned upon either. At least, that’s what watching Justified teaches me. But even in Kentucky, they…

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Retaliatory voodoo, Courtney Love, and lots of unpaid $$$

Sounds like a bad batch of Pennyroyal Tea. Just another Tuesday here at the ole Handbook. <div style=”text-align: right;”>The San Francisco Chronicle is reporting here that Courtney Love, Kurt Cobain’s widow, is reuniting the band ** thank you for sparing our ear holes ** being sued by a former assistant…

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Employer’s failure to investigate harassment creates retaliation claim

If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for “small favors,” you better damn well investigate that! Ignore it and you risk losing a valuable defense to sexual harassment claim. This…