You’ve heard us say it before: Employers that give in to the temptation to punish a troublemaker for complaining about alleged discrimination set themselves up for a retaliation lawsuit.
The irony, of course, is that often the underlying discrimination complaint will amount to nothing, while the retaliation case snowballs out of control. Even minor changes to an employee’s work schedule, routine or tasks may mean a large retaliation jury verdict.
Tell supervisors and managers: Hands off the complaining employee!
Don’t change her schedule, deny breaks, transfer her to another location or do anything that might dissuade a reasonable person from bringing discrimination charges in the first place. As the U.S. Supreme Court said in its landmark Burlington Northern retaliation case, while a “change in an employee’s work schedule may make little difference to many workers, it may matter enormously to a young mother with school-...(register to read more)
- Stop harassment by reining in sexual banter
- The Obama years: 4 predictions for employment law circa 2012
- How to guarantee a lawsuit: Terminate only older workers during reduction in force
- EEOC class action requires proof each member was harassed
- Promised to pay overtime when it wasn't required? You have to anyway