Retaliation

Today’s Special: Retaliation. Everything you’ve ever wanted to know.

August 30, 2016 | by Eric B. Meyer

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.

HR sorta admitting retaliation is generally a bad defense to an employee’s retaliation lawsuit

July 19, 2016 | by Eric B. Meyer

That’s Employment Law 101.

Company pays $250K to settle employee’s bias claim. The one where his manager maybe peed on him.

May 20, 2016 | by Eric B. Meyer

Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million.

Did this employer really sic attack dogs on a woman who complained about gender discrimination?

May 6, 2016 | by Eric B. Meyer

Now, that would be some serious retaliation!

A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?

April 19, 2016 | by Eric B. Meyer

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

March 14, 2016 | by Eric B. Meyer

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.

February 3, 2016 | by Eric B. Meyer

YASSSSS!!!!

Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion.

How the heck do you accommodate the religious beliefs of hundreds of employees?

January 6, 2016 | by Eric B. Meyer

Yesterday, I had one of those moments. You know the ones.

For me, it was when a client asked me when I was going to blog about the Muslim workers in Colorado who were denied prayer breaks and, then, allegedly fired for protesting.

So, I did what any self respecting employment-lawyer-blogger would do: I Googled “Muslim Prayer Employee Protest Colorado Fired,” and I promised a client-inspired Wednesday post.

Knife-wielding monkeys may be retaliatory; but, standard severance provisions are not.

January 5, 2016 | by Eric B. Meyer

Last year, I discussed (here) a case in which the United States Equal Employment Opportunity Commission sued an employer for retaliation under Title VII. Now, retaliation is the most common claim employment discrimination claim. But, what made this particular claim unusual was the EEOC’s attack on the employer’s use of ~~knife-wielding monkeys to coerce settlement~~ fairly common settlement provisions that you guys probably use in your severance agreements (e.g., a general release, a non-disparagement obligation, a confidentiality provision, a covenant not to sue, and a cooperation clause).

Late last year, the Seventh Circuit Court of Appeals weighed in. And it didn’t end well for the EEOC.

Denying an employee’s attempt to rescind her resignation may be…retaliation?!?!

November 19, 2015 | by Eric B. Meyer

I picture it happening something like this. But, with inflatable sumo suits, and some Spandau Ballet, or maybe Pantera, and yeah…