Employees who complain about discrimination are protected from retaliation—but not from every consequence of their complaint. Take, for example, what often naturally occurs when someone files a harassment complaint that turns out to be unfounded or unworthy of drastic action like firing the alleged harasser. There’s bound to be backlash from other employees ...
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Propak Logistics, an Arkansas-based freight management company, has drawn the ire of the EEOC, which is suing the firm for refusing to hire applicants who weren’t Hispanic for nonmanagement positions at its plant in Shelby.
The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.
It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:
Looking for a way to eliminate unfounded sexual harassment claims from former employees? One way is to make sure your sexual harassment policy tells employees to keep taking their harassment claims up the chain of command if they aren’t satisfied with the first response.
Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.
You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.
Last year, Ohio doctors who were fed up with health insurance companies started The Physicians Assurance Corporation (TPAC). Designed to serve the employer-provided health insurance market, it featured low premiums, aggressive disease management—and an enthusiastic cadre of physicians. But TPAC lasted less than 10 months.
As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.
Public employees who speak out on matters of public concern are protected from retaliation because their speech is protected by the First Amendment. For some time, courts have held that, if the employee’s motive was not informing the public, but instead securing some other workplace advantage, the speech was not protected. But now the 2nd Circuit has concluded that isn’t the law.