When an employee complains about perceived discrimination, how you treat the worker can greatly affect the outcome if the case reaches court.
The best approach: Handle the case professionally, at the HR function level.
The worst approach: Let the employee’s supervisor deal with the problem locally.
Simply put, even if it turns out that the employee’s underlying discrimination complaint wasn’t valid, she could still win a retaliation lawsuit if she was treated badly after complaining. Remember, retaliation is anything that might dissuade a reasonable employee from complaining in the first place.
Recent case: Pamela Quintero began having epileptic seizures when she was 9 years old. As an adult, doctors discovered Quintero had a brain tumor and suggested removing it to stop or reduce the seizures. She had surgery and began taking medication that helped prevent seizures.
She went to work for the Rite Aid drug store chain, but...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- In discharge meeting, follow 2-and-1 rule: Two company reps, one reason for termination
- Train supervisors on new risk of workplace retaliation
- Weigh retaliation risk when firing worker who has complained of discrimination
- Agreement with DOJ aims for a more accessible Wilmington