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Tag: retaliation


Development & Evaluation, Employee retention

Retaliation: The Most Successful Discrimination Claim

February 20, 2024

Via: HR Hero

A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color, sex, religion, national origin, age, disability, or genetic […]


Communication, Development & Evaluation

Reverse Bullying: When Managers Feel Intimidated by Their Subordinates

December 11, 2023

Via: SHRM

Managers have been well-trained on what discrimination, retaliation, harassment and bullying look and feel like in the workplace. But “reverse bullying” often gets short shrift, even though it is just as real. Subordinates have been known to “intimidate upward,” making […]


Research

Case Study: Postal Worker’s Retaliation Claim Comes Up Short

February 27, 2023

Via: HR Hero

It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who […]


News

Fired Employee Didn’t Prove Age Discrimination or Retaliation

February 21, 2023

Via: SHRM

A longtime employee of an insurance company failed to show that his termination was the result of age discrimination or retaliation for expressing disagreement with the outcome of a sexual-harassment investigation, the 1st U.S. Circuit Court of Appeals ruled. The […]


News

Court Levels Large Verdict Against FedEx for Retaliation

February 9, 2023

Via: SHRM

The U.S. District Court of the Southern District of Texas recently ordered FedEx to pay $366 million to a former employee who sued over racial discrimination and retaliation. It rejected the company’s request to undo the jury’s verdict. The company […]


Development & Evaluation, Engagement

Pause and Think Before You Terminate Employees

December 27, 2022

Via: HR Hero

While the unemployment rate continues to remain low, given the current potential for a recession or sustained economic downturn, more employers are firing employees. Some employers are also seeing more discrimination claims following terminations. It’s impossible to prevent all fired […]


News

Case Study: Court Razes Architect’s Failure-to-Accommodate Suit

November 21, 2022

Via: HR Hero

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & […]


Communication, Development & Evaluation

Employee Fails to Connect Racial Acts to Adverse Action

November 9, 2022

Via: HR Hero

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering […]


Research

Jury Finds Employer Didn’t Retaliate Against Worker who Filed Complaint

November 3, 2022

Via: Small Business Trends

Ajury returned a verdict for an employer, a subsidiary of a publicly traded life sciences company, finding that a former employee did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected […]


Communication, Development & Evaluation

Age Discrimination: Third Circuit Confirms Age Is Just a Number

October 25, 2022

Via: HR Hero

On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show […]


Development & Evaluation, Employee retention

Case Study: Employee Fails to Connect Racial Acts to Adverse Action

September 30, 2022

Via: HR Hero

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering […]


Research

Discipline Notes Critical in FMLA Claims

September 19, 2022

Via: HR Hero

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could […]


Development & Evaluation, Employee retention

DOL Explains Expanding FMLA Leave to Care for Mental Health Conditions

September 2, 2022

Via: HR Hero

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions […]


Workplace wellness

Lessons on Accommodating Anxiety Disorders

August 25, 2022

Via: HR Hero

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by […]


News

Multiple Managers’ Failures to Report Harassment Complaints Fuel Lawsuit

August 16, 2022

Via: HR Hero

An employer that had a sexual harassment policy but that failed to train its employees on the policy—and failed to insist that managers who received complaints forward them to the HR department—will face a jury trial in an Ohio federal […]


News

Unwelcome Office Birthday Party Leads to $450K Verdict, Lessons on Disability Law

August 11, 2022

Via: HR Hero

Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, […]


Research

DOL Issues New Guidance to Employers Warning About Retaliation

June 13, 2022

Via: HR Hero

Retaliation continues to be at the top of the federal government’s priority list. In March 2022, the U.S. Department of Labor (DOL) issued a new field assistance bulletin titled Protecting Workers from Retaliation, which addresses worker protections from retaliation under […]


News

Employers Can’t Fire Employees for Placing Rebuttal in Their Personnel File After All

February 3, 2022

Via: HR Hero

Last March, we wrote about a surprising ruling in which the Massachusetts Appeals Court concluded employers in the state aren’t legally prohibited from firing employees for exercising their right to file a rebuttal in response to a negative document placed […]


Research

Employers Warned of More Scrutiny as Agencies Team Up to Fight Retaliation

December 13, 2021

Via: HR Hero

An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation. The […]


Development & Evaluation, Employee development

Tips to Limit Risk of Employee Harassment by Customers

October 14, 2021

Via: HR Hero

Most employers are equipped to respond to employee allegations of harassment by coworkers or managers. There are added levels of difficulty, however, when they complain about harassment by a customer, contractor, or other visitor to the business. A federal court […]