Generally, employees claiming they suffered retaliation after engaging in protected activity—such as complaining about discrimination or taking protected—must show that the retaliation would have dissuaded a reasonable employee from complaining or taking leave.
The hypothetical reasonable employee standard isn’t very specific, and it’s subject to interpretation. While a drastic change in working conditions would probably affect a reasonable employee, other changes might not. That includes minor shift changes, especially ones that happen commonly in the workplace.
Recent case: After Martha tookleave and returned to work, she found that her shift had changed. Before, she worked a four-day, 40-hour workweek. After, those 40 hours were spread over five days.
She sued, alleging the change was retaliation for taking FMLA leave.
After examining the employer’s policies, the court disagreed. Martha’s employer considered the four-day arrangement a privilege reserved for employees who could successfully complete their work in a short week. When employees could not, they were shifted back to five days.
Because nothing else changed, and because shift adjustments were common, the court dismissed Martha’s lawsuit. It said the change she endured wouldn’t have discouraged a reasonable co-worker from taking FMLA leave. (Lushute v. Louisiana, No. 12-30013, 5th Cir., 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/32073/feel-free-to-make-routine-shift-changes-courts-wont-consider-that-evidence-of-retaliation "
- Watch out for rogue managers who bring hidden biases to hiring, promotions
- Employers get clarification on family leave tax
- You don't have to chase down FMLA certification
- FMLA certification: Collect medical-leave proof the right way
- What should we do? It looks like employee used FMLA leave for elective surgery