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The Employer Handbook BlogI’ll give you nine examples of what the law does NOT consider retaliation.
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Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. Continue reading
Articles Posted in Retaliation
Does federal law forbid discrimination based on interracial relationships? Two courts disagree.
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A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.
Is this retaliation? Continue reading
Can you legally fire a “victim” whom you honestly believe has fabricated a discrimination complaint at work?
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Let’s answer one of the most common questions that I receive when I speak at HR events. Continue reading
Here’s a list of things that don’t count as retaliation, starting with making faces.
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When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands.
But, how about a manager making faces? Continue reading
Why did a transgender employee who needed leave from work lose claims for both sex and disability discrimination?
Sometimes it’s easy to lose the forest for the trees. Continue reading
She settled her disability discrimination claim for cash and a lateral transfer. Then she sued for . . . retaliation?!?
Alexas_Fotos on Pixabay
If I felt a little snarkier, I would have gone with this instead of the confused emoji. Continue reading
Why countersuing an employee can be a recipe for disaster!
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Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company.
First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more “principled” clients — at least the ones willing to pay me a large retainer 😉.
But, there’s a bigger issue. Continue reading
Can a non-employee sue under Title VII as the target of the retaliation against his child?
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I’ve got a hypothetical situation for you. Continue reading
Can you fire an HR Manager for encouraging co-workers to sue the company for discrimination?
Good thing I added a few extra servers today, juuuuuuuust in case I had a few extra clicks on this blog post. Continue reading
SCOTUS has a thing or two to say about age discrimination, which has nothing whatsoever to do with COVID-19.
Last week, on Monday, the Supreme Court issued this age discrimination opinion. The opinion focuses on age bias in a federal government workplace, which is a small portion of folks that read this blog.
But, there are a few takeaways for the rest of you. And since this is an employment law blog, let’s discuss what the Supreme Court has to say about age bias in your workplace. Continue reading