Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining.
Ordinarily, employers can defeat such cases by showing that the discipline was warranted. But relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.
Recent case: Sharyn Algood complained that her supervisor made her work in a hostile environment. Then the supervisor recommended Algood’s suspension.
Algood sued, alleging retaliation. Partly because the supervisor had never had any problems with Algood before, the court let the case go to trial. (Algood v. Paulson, No. 08-0992, SD TX, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Text messages and employee privacy: The Supreme Court weighs in
- Reinstatement won't erase your job-Bias liability
- Woman who wasn't pregnant wins pregnancy bias settlement
- Beware: Employees don't have to meet EEOC deadline in race discrimination cases