You never know which employee will file a discrimination lawsuit. These surprise lawsuits often allege that the employer disciplined others outside the employee’s protected class less severely for the same transgression. Protect your organization by providing detailed reasons for any discipline at the time it occurs.
As an HR professional, you may come across employment practices that you think violate the law. What you do with that concern and how you express it may make the difference between engaging in protected activity or not—and by extension, whether you can sue for retaliation if upper management punishes you.
You must instruct supervisors and managers: Any reference to hanging, ropes or nooses is absolutely forbidden in the workplace. Immediately address any complaints about nooses in the workplace. Also make sure no employee is punished for reporting the presence of a noose.
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.
The Texas Legislature has amended the Texas Labor Code to limit unemployment benefits for employees who receive severance pay after losing their jobs.
A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.
Employers can use an arbitration clause to compel arbitration of almost all employment-related problems, including supervisor sexual harassment. That can limit the chance of a huge jury award.
The U.S. Supreme Court’s Thompson v. North American Stainless decision said that it was illegal retaliation to punish the fiancé of someone who had complained about sexual harassment. But what about punishing an employee because an outsider has filed sexual harassment charges? According to a recent decision, that isn’t illegal under Title VII.
Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.
Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.