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Acting against worker who has already complained? Have someone new make decision

by on
in Discrimination and Harassment,Employment Law,Human Resources,Leaders & Managers,Performance Reviews

Employers have faced more retaliation claims ever since the U.S. Supreme Court made such cases easier to win by ruling that retaliation is an action that “might have dissuaded a reasonable worker from making or supporting a charge of discrimination.”

While the federal courts have placed some limits on what constitutes a retaliatory act, they continue to struggle with the question.

For example, the 8th Circuit Court of Appeals, which covers Minnesota employers, has ruled in a series of cases that it is not retaliation to “commence a performance appraisal,” “send a critical letter threatening disciplinary action” or even remove mentoring opportunities if the actions don’t actually have an adverse consequence for the employee.

In other words, the alleged retaliation has to affect pay, benefits or some other tangible aspect of the employment relationship.

Recently, the 8th Circuit grappled with a case in which the...(register to read more)

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