Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement.
Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit. Courts and juries get suspicious when a protected activity is followed shortly after by an adverse employment action.
As the following case shows, if managers and supervisors know too much about the settlement and discuss it among themselves, that may be the evidence that persuades a judge to send a case to trial. That’s especially true if it turns out the second investigation was hurried, incomplete or sloppy.
Recent case: Connie Hainline joined The Home Depot as a cashier in 1992. In 1999, she was promoted to regional in...(register to read more)
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