Failing to investigate nebulous charges isn’t a federal case–and it’s not retaliation

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in Employment Law,HR Management,Human Resources,Leaders & Managers,Performance Reviews

Employees who complain about alleged discrimination are protected from retaliation for doing so. In order for the employee to win a lawsuit, the retaliatory act must be adverse—that is, it must be an act that affects the employee in more than an inconsequential way.

In a recent case, an employee claimed that by merely ignoring her complaint, her employer was retaliating.

The 2nd Circuit Court of Appeals nixed that idea.

Recent case: Cynthia Fincher, who is black, worked as a senior auditor for Depository Trust and Clearing Corp. During a casual conversation with the senior employee-relations manager, she complained that at Depository Trust, “black people are set up to fail” and are not “given the same training opportunities as white employees.”

Fincher had the conversation after receiving a poor performance review. The review specified that she needed to improve her skills. If she didn’t turn her performance around, her supe...(register to read more)

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