Don't rest if a discrimination suit against you doesn't claim retaliation from the outset. The employee can usually add it later, if the retaliation is related to the initial complaint. A judge set aside Nancy Clockedile's $129,000 award for retaliation in a sexual harassment case because retaliation wasn't part of her original complaint. The 1st Circuit reinstated it. (Clockedile v. New Hampshire Department of Corrections, Nos. 00-1541 and 00-1578, 1st Cir., 2001)
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- Proceed with caution when making health-related inquiries
- Thorough and confidential investigation is best HR response when harassment strikes