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The Employer Handbook Blog
Articles Posted in Retaliation
This, right here, is why a good workplace investigation is EVERYTHING!
You received a complaint of sexual harassment from a female employee against a male co-worker.
So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly fire the female employee.
Legally, did you do anything wrong? Well, notwithstanding the factual twist, it doesn’t seem that way. But things aren’t always as they seem. And I’d get a day off from blogging if this one were that straightforward
Can you sue an employee for filing what seems to be a false EEOC charge?
There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December.
Today’s Special: Retaliation. Everything you’ve ever wanted to know.
Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled.
Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a Charge of Discrimination at the EEOC. Inevitably, that employee will likely check two boxes. The first box will be the underlying claim of discrimination, which will vary based on the the employee’s protected class (e.g., race, religion, national origin, etc.). The other checked box will be retaliation — every time. That’s why retaliation is the most common Charge filed at the EEOC.
Yesterday, the EEOC updated its guidance on retaliation and related issues.
Company pays $250K to settle employee’s bias claim. The one where his manager maybe peed on him.
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Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million.
A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?
Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza?
Just kidding, I know my 80s TV. It’s Corbin Bernsen.
I see your EEOC Charge and raise you a defamation lawsuit
An even worse idea, my friends, is admitting that you still drink Zima filed a defamation lawsuit in response to an employee’s complaint to the EEOC.
A Chairperson supposedly tried to get her direct report to marry her son. Her son the company CEO.
YASSSSS!!!!
Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion.