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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When discouraged applicants sue, don't 'Blacklist' them
- Don't impose grooming rules that weigh heavier on one gender
- Small, but vital, function of a job may make it 'essential' under ADA
- Beware new court trend: Employees use expert to shift blame for failure