Tag: retaliation

harassment

Office Romances: Fallout from Breakup Can Cause Headaches Down the Road

The federal district court of Minnesota recently heard a case regarding sexual harassment after the breakup of a consensual sexual relationship between an employee and her supervisor. The supervisor allegedly was displeased with the breakup and was unsuccessful in restarting the relationship, and a tense work environment ensued. The court ultimately held that the allegations […]

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fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

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fiduciary

Is Withdrawing a Discrimination Claim Protected Activity?

We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. Read on to see how the court responded to that novel approach.

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When Is a Discrimination Complaint against a Manager an Act of Harassment?

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.

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pregnant

Rhode Island Court: Paid Suspension Is Adverse Employment Action

Recently, Judge John J. McConnell, Jr., of the U.S. District Court for the District of Rhode Island heard a claim from a female employee who says she was placed on a paid suspension after announcing that she was pregnant.

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discrimination

Was Graveyard Shift Transfer a Result of Discrimination?

A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.

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Discrimination Against Breastfeeding Employee Leads to Jury Verdict

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breastmilk in privacya. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, or […]

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Cure and punishment

by Mark I. Schickman In all of the attention recently given to Harvey Weinstein and his ilk, the focus has been on personalities and far too little of it on the systemic problem of ubiquitous sexual harassment. The discussion has been centered on punishment, with far too little said about the cure.  Weinstein himself presents […]

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