Tag: retaliation

USPS

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.

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hospital worker

Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a case from a female doctor asserting gender discrimination, hostile work environment, and retaliation citing a manager’s comments as “offensive.”

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bully

Tips for Avoiding Retaliation Claims

What if an employee complains about harassment, but you investigate and find no evidence of harassment? Or, what if an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination, but the EEOC also does not find any wrongdoing? Can you fire either of these employees for making false claims?

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Ohio

Can Waste Management Employee Prove Disability Discrimination Claim?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]

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investigations

Mistakes to Avoid During Workplace Investigations

Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]

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Whistleblower

Embrace Your Inner Whistleblower! A Strategy for Avoiding Retaliation Claims

There’s a huge divide between the whistleblower’s view of a situation and the legal analyst’s view, says attorney Brad Cave of Holland & Hart LLP in Cheyenne, Wyoming—and editor of Wyoming Employment Law Letter. If employers can “put on the whistleblower’s hat,” he says, they may be able to significantly reduce the risk of a […]

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