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The Employer Handbook BlogAre you in the clear waiting four weeks to fire someone who complained about sexual harassment?
I’ve got some ‘splaining to do before we get into the meat and potatoes. Continue reading
Articles Posted in Retaliation
I’m not done with yesterday’s post yet. You need to hear about the retaliation claim!
On Wednesday, I blogged about a woman who worked as a “helper” for a construction company. She alleged that she had to endure misogynist comments from her general manager, who told her in front of others that, since she had “t*** and an a**,” she could not perform certain functions of her job that would otherwise position her for advancement within the company.
But that isn’t the half of it. Continue reading
Now, THIS is a retaliation lawsuit worthy of becoming a bar exam question.
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. Continue reading
Can you rescind a job offer because you learn a candidate sued a prior employer for discrimination?
Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn’t your jam. Continue reading
Fired hours (minutes?) after he complained about discrimination, an employee sued and LOST his retaliation lawsuit.
As I read this summary judgment opinion last night, I fully expected the judge to send the plaintiff’s retaliation claim to trial.
But plot twist! He didn’t. Continue reading
The guy who may have solicited prostitutes at work could win his retaliation lawsuit too
A recent decision from the Third Circuit Court of Appeals addresses the extent to which an employer may lawfully dig up reasons to terminate a current employee who has already sued for discrimination. Continue reading
Here’s how your company can basically GUARANTEE getting sued and going to trial
This one company I’m going to tell you about today allegedly acted so egregiously that it drew the attention of (and a lawsuit from) the U.S. Equal Employment Opportunity Commission. Continue reading
Could an anonymous complaint about COVID-19 spawn a sex-based retaliation claim?
Winning a retaliation lawsuit against an employer isn’t easy. Continue reading
By the time she made it to court, her discrimination and retaliation claims were D.O.A.
An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.
Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading
