If workers want to bring retaliation lawsuits against their employers, they must prove they suffered an "adverse employment action," such as being fired, threatened or denied a promotion. But a court could also consider a supervisor's physical violence as a form of retaliation.
The lesson: Here's even more reason to reiterate your anti-violence policy to employees. For more advice, access our free E-visory report, Violence and Weapons at Work: How to Develop Policy and Procedures, at www.you-and-the-law.com/extra.
Recent case: A 19-year-old pizza-shop worker toldthat his supervisor had sex with a subordinate. When the supervisor found out, he angrily summoned the "snitch" to the store, then punched the employee in the chest. The employee collapsed and died from the blow.
The worker's estate sued the company, alleging retaliation for reporting the sexual harassment. While a lower court rejected the lawsuit, the Iowa Supreme Court reinstated the retaliation claim, saying the supervisor's punch may be considered an adverse employment action. (Estate of Harris v. Papa John's Pizza, No. 43/03-0201, SC Iowa, 2004)
- Warn managers: Zero tolerance for any kind of age-related harassment
- Small employers: Always check to see if you're too small to be sued under Title VII
- Have attorney review arbitration agreements to make sure they're valid contracts
- Your handbook doesn't decide unemployment comp
- Essential job functions may include shift work