Document stressful work conditions to defend against retaliation claim

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in Discrimination and Harassment,Human Resources

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny.

That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership. That’s especially true if the employee alleges he reported harassment or otherwise complained about discrimination. Often, such employees perceive that their complaint has resulted in retaliation in the form of greater workplace scrutiny, discipline or other changes in the workplace.

But if an employer can show there was no difference in the work environment before and after a complaint, it won’t lose a retaliation case based on greater scrutiny, discipline or other intangible changes.

Recent case: Vic, who is gay, had a stressful job, answering calls about child-support enforcement. He and his co-workers typically...(register to read more)

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