If you think your liability ends when an employee leaves, think again.
Employers can still be liable for retaliation if the employee complained about bias before she left and now claims you withheld compensation.
Recent case: University of Texas (UT) professor Kristie Santi complained that her supervisor favored male professors. When she learned her contract wouldn’t be renewed, she filed an EEOC discrimination complaint.
Her contract expired, but Santi tried to negotiate with the university to allow her to license materials she had worked on while at UT. The university refused, so she added a retaliation claim.
The court said post-termination compensation discrimination can be retaliation, but tossed this case out on a technicality. It turned out Santi never mentioned compensation in her lawsuit. (Santi v. University of Texas, No. 01-09-00186, Court of Appeals of Texas, 1st District, 2009)
- 2006 Farmingdale noose incident subject of new discrimination suit
- You can request new certification at the start of each 'FMLA year'
- Have attorneys monitor other lawsuits that may have been filed by class-action members
- Retain benefit eligibility after FMLA leave
- Publix sexual harassment reporting policy holds up in court