It is retaliatory to take an adverse employment action against an employee because he or she has filed a discrimination complaint, but an employee who has filed a discrimination complaint is not completely shielded from adverse employment actions.
Here are six not-so-clear-cut situations to test your retaliation knowledge:
1. A female employee accused a male employee of harassment. The male employee was suspended with pay pending the investigation. Some inconsistencies in the female employee’s story need to be investigated. Is it safe to place her on a paid suspension, too?
2. The racial tension at one office between several black supervisors and the mostly white nonmanagement staff is high. The branch manager refuses to follow an order to fire one of the supervisors. Can he be fired because he is unable to improve employee morale?
3. A new employee revealed that he filed a discrimination complaint with EEOC again...(register to read more)
- Document all disciplinary actions, including why and when you decided to act
- When does 'I quit' mean 'Help, I'm disabled'?
- Set objective criteria for renewing employee contracts
- A manager's paperwork is never done: What to keep, what to toss
- Use 'general public' test to determine whether employee is disabled under the ADA