Has an employee complained about a supervisor’s alleged discrimination? If so, carefully review any important employment decisions the supervisor subsequently makes. Be alert for potential retaliation.
Recent case: Rhonda Covert investigated child abuse and neglect for the Monroe County Department of Job and Family Services. Early in her tenure, she received good.
Then she filed a complaint alleging that her supervisors were biased against women and preferred male applicants and employees. Shortly after, she tried for a promotion, but scored lower than other employees on the interview.
It turned out that the other applicants may have scored better because they got the questions beforehand from the supervisors—the ones Covert had complained about. Then Covert received areview and was fired for not completing necessary reports.
She sued, alleging that her missed promotion and firing were retaliation.
The court said Covert’s firing was justified, but that the promotion process revealed possible retaliation. A jury will decide whether denying her the promotion was retaliation for filing the complaint. (Covert v. Monroe County Department of Job and Family Services, No. 2:08-CV-744, SD OH, 2010)
Final note: Retaliation is anything that would dissuade a reasonable employee from complaining about possible discrimination in the first place. The issue in this case: Would a reasonable employee have refrained from alleging sex discrimination if she knew that other candidates being considered for promotion would get a leg up fromat her expense?
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Thwart retaliation claims by documenting your rationale for handling of original complaint
- Take advantage of the free perks a credit union offers
- 3 federal tests: Are workers employees or independent contractors?
- Use interview to poke holes in applicant's rÃ?sumÃ? claims