The Employer Handbook

Articles Posted in Retaliation

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In terms of workplace issues, #MeToo and sexual harassment have dominated the headlines in 2018. Most recently, John Oliver covered these subjects on his show and Jon Hyman has a robust discussion going on right now on LinkedIn in which I encourage you to weigh in.

Perhaps aspirationally, Jon wonders whether the collective spotlight on #MeToo will help end the problem.

Meanwhile, in the shadows lurk some pretty sickening instances and allegations of other forms of god-awful, in-your-face, no-doubt-about-it discrimination. Continue reading

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A probation officer in Chicago sued her employer for discrimination and retaliation. At trial, she won her retaliation claim.

While the case was on appeal, the plaintiff claimed that her boss threatened to hit her in the parking lot and, in a separate incident, coordinated with another co-worker threatened to get the plaintiff alone to cause her bodily harm.

The plaintiff alleged that this “murder plot and attempt” was evidence of more retaliation. Is she correct? Continue reading

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It’s one thing to terminate an employee for complaining that she is being sexually harassed at work. But, when you (allegedly) fire her son and fiancé too without justification, that’s stone cold!

Not that Stone Cold.

But, according to the EEOC, it’s pretty darn bad. Bah Gawd! Continue reading

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Most discrimination lawsuits involve a single, individual plaintiff and, on the other side of the “v,” a company as the sole defendant.  But, sometimes, that plaintiff will name additional individual defendants too, such as a manager, supervisor, or even someone from Human Resources.

When that happens, what are the chances that the individual will end up legally responsible with the plaintiff prevails at trial?

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Remember that male Google software engineer who got fired last year after posting a 3,300-word criticism of Google’s diversity policies on the company’s internal website. If you don’t check this out.

Well, guess what? Dude just filed this class-action lawsuit against Google.

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Town Crier Billy ClarkFor those of you who work in HR, what do you do when you learn that an employee has filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission alleging a violation of the Americans with Disabilities Act?

Raise your hand if the answer is not publicizing details of the charge, including the employee’s name, union affiliation, and information about the medical restrictions on his ability to work, in a letter to 146 members of his union local. Continue reading

“Doing What’s Right – Not Just What’s Legal”