Remind bosses: No comments about EEOC complaints

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in Discrimination and Harassment,Human Resources

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)

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