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.
- Refer to the rule book: Hiring and promotion policies belong in your employee handbook
- Courts impatient with workers who act as their own lawyers
- Managers: Never presume 'What's best' for employees
- Former IT chief accuses BabyAge.com of religious bias
- Religious accommodations in Florida workplaces: 5 steps to take