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Articles Posted in Retaliation

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Drama following a bra-less woman’s meeting with the CEO supports her retaliation claim

Nope, no clickbait here. And no irony in the lede either. Plus, I feel like I’ve seen this one before. But, before we get to that… Disney World wore these kids out! For more photos from our trip, head over to my Instagram (@eric_b_meyer). Life imitates art (sort of). For…

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New Year’s Resolution for 2017: Stay classy at The Employer Handbook

Starting tomorrow. Today, let’s talk about the employee who claimed sexual harassment because her male co-worker constantly stared at her with an erection — which she subsequently photographed and showed to other co-workers, and all of that morphed into a retaliation claim. So, basically, this post will be like a…

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Racist code names for customers are bad. And, so is firing someone for complaining about it.

These are the key allegations underpinning ***Googles “underpinning”*** yes, underpinning a complaint filed in California against luxury retailer Versace. Tell us more, Mayra Cuevas reporting here at CNN.com: Can you fire employees for complaining about discriminatory treatment of customers? No, dude. Title VII of the Civil Rights Act of 1964 protects employees who…

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Bad things often happen when employees feel they have to resort to self-help

Like one-man bands. Or, retaliation lawsuits, for example. Ms. Nuness is our plaintiff in this case. Ms. Nuness alleges that she is a female African-American who worked for her former employer for about 14 months. During her employment, the plaintiff worked alongside a male Caucasian co-worker who had been counseled, from…

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Company tried to “sprinkle a little salt” on its worksite; pays $50K to the EEOC.

Are you guys old enough to remember that old NFL Films Dial ‘M’ For Moron bit? What can I say? I’m a sucker for the classics. Well, it’s all I could think of after reading this EEOC press release, highlighting a recent race discrimination and retaliation action against a car dealership because…

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Blaming the victim is a bad way to respond to a sexual harassment complaint

Indeed, it cost a southern baptist church $25,000. According to this press release from the U.S. Equal Employment Opportunity Commission, the church is writing that check because: One of its kindergarten teachers complained that the pastor, who was also the school superintendent, had been sexually harassing her; Church officials informed…

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This, right here, is why a good workplace investigation is EVERYTHING!

You received a complaint of sexual harassment from a female employee against a male co-worker. So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly…

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Can you sue an employee for filing what seems to be a false EEOC charge?

There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December. Do you like defending retaliation claims? Let’s go back to yesterday’s retaliation post for a sec. What you’ll find is a non-exclusive list of examples of behaviors that could be considered retaliatory.…

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Today’s Special: Retaliation. Everything you’ve ever wanted to know.

Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled. Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a…

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HR sorta admitting retaliation is generally a bad defense to an employee’s retaliation lawsuit

That’s Employment Law 101. And that’s basically how it went down in this recent federal court opinion from Tennessee, where the plaintiff claimed that her former employer fired her in retaliation for an email she sent to HR complaining about alleged gender discrimination and harassment. How does one demonstrate retaliation? Well, a…