You shouldn’t have to worry about losing a retaliation lawsuit if you consistently follow your internal rules for seeking medical information from employees who ask for sick leave. That’s true even if the employee has already complained about discrimination, either internally or to the EEOC.
Here’s why: The test for retaliation is whether a reasonable employee would have been dissuaded from complaining about discrimination in the first place if he or she knew that the alleged retaliation would take place. Applying existing rules to everyone across the board can’t possibly dissuade complaints, since those rules would have been applied whether the employee complained or not.
Simply put, employees don’t suddenly get greater rights than other employees just because they complain about discrimination.
Recent case: Michael Wells worked for years as an industrial security specialist for the U.S. Department of Defense (DOD). Hi...(register to read more)