The Employer Handbook Blog
The general rule in employment law is that an employer’s inconsistencies and contradictions breathe life into discrimination claims.
But there are some exceptions.
Articles Posted in Retaliation
Without this key element, you can kiss that retaliation claim goodbye
A plaintiff asserting a retaliation claim against his employer must establish three elements:
- A protected activity (such as complaining about discrimination),
- A materially adverse employment action (such as a termination of employment), and
- A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)
Is this the worst batch of retaliatory emails I’ve ever read? Maybe.
Print this post if you want to discourage your managers and supervisor from putting dumb sh*t in emails that might one day get shown to a jury and end up costing your business a mint. Continue reading
“Liberal” Supreme Court Justice Stephen Breyer is retiring. Here are three times he joined “conservative” justices when deciding employment law cases.
Yesterday, several news outlets reported that Supreme Court Justice Stephen Breyer will retire at the end of this term. President Bill Clinton appointed Justice Breyer in 1994. Justice Breyer sided with OSHA and HHS in the vaccine mandate cases earlier this month. Indeed, Breyer is considered one of the more “liberal” justices.
But did you know that some (or all) of the “conservative” justices joined in significant employment law decisions that Justice Breyer authored? Continue reading
The EEOC updated its COVID-19 guidance again with new information on retaliation
Image Credit: finger pointing by BomSymbols from the Noun Project
While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical Assistance to include additional information on retaliation.
Anything 🤯? Continue reading
Three federal agencies want to end retaliation by hosting a “virtual dialogue” with employers next week.
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. Continue reading
I’ll give you nine examples of what the law does NOT consider retaliation.
Image Credit: Photofunia.com
Retaliation is the number one employment claim that workers pursue. Prevailing, however, is not that easy. Continue reading
Does federal law forbid discrimination based on interracial relationships? Two courts disagree.
Image Credit: MaxPixel.net
A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.
Is this retaliation? Continue reading
Can you legally fire a “victim” whom you honestly believe has fabricated a discrimination complaint at work?
Image Credit: Piqsels.com (CC0 public domain license)
Let’s answer one of the most common questions that I receive when I speak at HR events. Continue reading
Here’s a list of things that don’t count as retaliation, starting with making faces.
Image by Please Don’t sell My Artwork AS IS from Pixabay
When an employee sues for retaliation after complaining about discrimination, he must prove that he suffered “a materially adverse action” for doing so. Usually, that amounts to discharges, demotions, refusals to hire, refusals to promote, and reprimands.
But, how about a manager making faces? Continue reading