You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive retaliation in every slight change in their work situation.
How you react can mean the difference between winning or losing a retaliation lawsuit. If you quickly reverse the action, chances are the lawsuit won’t materialize or your organization will win a fast dismissal.
Recent case: After Elnora complained about discrimination, her supervisor changed her regular shift. She immediately complained to HR that she was being retaliated against. HR reversed the shift change, but Elnora sued for retaliation.
The court quickly tossed out her lawsuit, reasoning that since the employer reversed the shift change fast, there was no harm done. (Williams v. Ford Motor Company, No. 12-CV-411, WD NY, 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Track all discipline and check for fairness
- Use flextime schedule to curtail requests for unreasonable ADA accommodations
- OK to discipline, even after harassment claim
- Don't overlook fresh evidence that the employee you fired deserved to go