When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.
Recent case: Yaroslav, a janitor, told his supervisor that he was filing an EEOC complaint against his employer over alleged discrimination based on his Ukrainian national origin. He also mentioned that he had filed one against a former employer.
Yaroslav sued for retaliation after he was twice reprimanded for what he called minor problems. His employer pointed out that no one in management ever made any comment about his EEOC complaints.
The court considered that when it weighed whether there was a connection between Yaroslav’s complaints and the reprimands. It concluded there was no connection and dismissed the case. (Sklyarsky v. ABM Janitorial, No. 12-1386, 7th Cir., 2012)
- You can insist on bilingual ability if the job requires it
- How to conduct third-Party investigation without tipping off alleged harasser
- Pattern of strict enforcement helps win harassment cases
- Make suggested ADA accommodation offer in writing
- Boss put foot in mouth? Consider settling—and protecting against future suits