If your workplace seems as politically divided as the country, and the atmosphere is getting nasty, it’s time for you to step in. But will you be trampling on employees’ First Amendment rights if you ban all political talk?
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Not long ago, the U.S. Supreme Court made it harder for employees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.
Under Minnesota’s workers’ compensation laws, employees who file workers’ comp claims are protected from retaliation. The law says employers can’t punish employees for seeking benefits. But some employers have been trying to preempt so-called protected activity when an employee is injured at work.