Retaliation

2.5 million reasons not to refer to black employees as ‘slaves’ or fire them after they complain to HR

July 31, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/south-beach-miami-florida-sunset-891749/)

In terms of workplace issues, #MeToo and sexual harassment have dominated the headlines in 2018. Most recently, John Oliver covered these subjects on his show and Jon Hyman has a robust discussion going on right now on LinkedIn in which I encourage you to weigh in.

Perhaps aspirationally, Jon wonders whether the collective spotlight on #MeToo will help end the problem.

Meanwhile, in the shadows lurk some pretty sickening instances and allegations of other forms of god-awful, in-your-face, no-doubt-about-it discrimination. Continue reading

Could forcing an employee to sign a last chance agreement lead to a retaliation claim?

July 16, 2018 | by Eric B. Meyer

Image Credit: Photofunia.com (http://photofunia.com/results/5b4bb235089f7a22648b45a6)

The answer may shock you!

(But, it probably won’t.)

Court concludes that two co-workers’ alleged plot to murder an employee-plaintiff was not retaliation

June 21, 2018 | by Eric B. Meyer

Image Credit: Pexels.com (https://www.pexels.com/photo/parking-parking-lot-underground-garage-2996/)

A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim.

While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker threatened to get the plaintiff alone to cause her bodily harm.

The plaintiff alleged that this “murder plot and attempt” was evidence of more retaliation. Is she correct? Continue reading

Now THIS right here is some hecka-cold retaliation (allegedly)

April 18, 2018 | by Eric B. Meyer

Image credit: PublicDomainPictures.net (https://www.publicdomainpictures.net/en/view-image.php?image=139332&picture=stick-family)

It’s one thing to terminate an employee for complaining that she is being sexually harassed at work. But, when you (allegedly) fire her son and fiancé too without justification, that’s stone cold!

Not that Stone Cold.

But, according to the EEOC, it’s pretty darn bad. Bah Gawd! Continue reading

Ex-Google employee who criticized the Damore memo sues Google after getting fired

February 23, 2018 | by Eric B. Meyer

Photo by PhotoMIX Ltd. from Pexels https://www.pexels.com/photo/marketing-desk-office-tablet-106341/

Hold up a sec. I’m dizzy. Continue reading

What makes for good headlines isn’t necessarily unlawful harassment

January 22, 2018 | by Eric B. Meyer

Image Credit: Photofunia.com

Last week, I was debating whether to do an Aziz Ansari post. But, then I read my buddy Robin Shea’s post at Employment & Labor Insider. She nailed it, of course.

So, I’m going to take a different angle on something that’s not workplace harassment either. Continue reading

What does it take to be individually liable for discrimination? A lot.

January 16, 2018 | by Eric B. Meyer

Image Credit: Photofunia.com

Most discrimination lawsuits involve a single, individual plaintiff and, on the other side of the “v,” a company as the sole defendant. But, sometimes, that plaintiff will name additional individual defendants too, such as a manager, supervisor, or even someone from Human Resources.

When that happens, what are the chances that the individual will end up legally responsible with the plaintiff prevails at trial?

Lawsuit: Google discriminates against male, white, and conservative employees.

January 9, 2018 | by Eric B. Meyer

Image Credit: Photofunia.com

Remember that male Google software engineer who got fired last year after posting a 3,300-word criticism of Google’s diversity policies on the company’s internal website. If you don’t check this out.

Well, guess what? Dude just filed this class-action lawsuit against Google.

Surprise! Your company could be liable under Title VII as a joint employer.

December 11, 2017 | by Eric B. Meyer

It’s late Sunday night. I just finished the Walking Dead mid-season finale (no spoilers) and I’m catching up on the latest news about Carson Wentz’s knee.

And somehow I managed to pull myself out of the fetal position to type this post. Continue reading

Hear ye! Hear ye! 45,000 reasons not to publicize details of an employee’s EEOC charge of discrimination

December 7, 2017 | by Eric B. Meyer

For those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading