Make sure you evenly apply your leave policies to all employees.
Recent case: Rachel spent seven years as a college instructor while working toward her doctorate degree, a requirement for being promoted to assistant professor.
She became pregnant in the seventh year and gave birth at the end of the spring semester. Since she still hadn’t finished her doctorate, she wasn’t promoted and instead received a one-year contract.
Rachel complained that this was sex discrimination. Then she requested paidinstead of returning to teach in the fall. Her request was denied because her baby was born in the spring and the policy limited leave to newborns.
She sued, alleging retaliation.
But since no one else had received such leave, the case was dismissed. (McBroom v. UNC, No. 11-CV-00217, ED NC, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Punish offenders to set example that prevents harassment
- Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints
- Heard that story of unfair treatment before? You might be dealing with a serial retaliator
- Don't discount cost of harassment lawsuit—Even if you win