Employees who complain about harassment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished.
One employee’s case before the 9th Circuit Court of Appeals failed because his employer treated him well after he complained.
Recent case: Wallace Brown sued his state agency employer for retaliation following an EEOC harassment complaint. The agency showed that shortly after he complained about the incident, he was actually temporarily promoted and got a raise. That was hardly punishment. The case was dismissed. (Brown v. Department of Public Safety, No, 09-17234, 9th Cir., 2011)
Final note: Thinking of transferring an employee after a racial incident? Make sure the job is equal to or better than his previous assignment. Otherwise, he may argue your remedy was also retaliation.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Hiring licensed applicants? Check for violations that revoke the license
- All other things being equal, bad attitude may be justification for layoff
- Worker who can't perform her job isn't entitled to intermittent leave
- Objective promotion process makes retaliation claim harder