Retaliation
Behavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact
Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with allegations of abuse and harassment. In the last few months alone, a vast number of organizations have been the…
Read MoreHow to Avoid a Workplace Retaliation Claim
While human resource professionals know the importance of following workplace anti-discrimination laws, they also must ensure that employees who report discrimination do not face retaliation for having done so. The reason for this is simple: The most common type of claim filed with the U.S. Equal Employment Opportunity Commission (EEOC) is retaliation. More than half…
Read MoreHow to Navigate a Reduction in Force
Over the course of your business life, there may come a time when you are faced with the difficult but necessary decision to lay off some employees as part of a reduction in force or other restructuring initiative at one or more of your locations. There are a wide array of laws that may impact…
Read MoreThe EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
Read MoreRetaliation Mistake Leads to a Costly Payout
Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a race-based discrimination and retaliation lawsuit filed by the EEOC on behalf of a Black employee…
Read MoreA Worrying Surveillance Trend for Remote Workers
WORK PRODUCTIVITY TRACKING: EMPLOYERS FACE SCRUTINY WITHOUT TRANSPARENT POLICIES When the pandemic ushered in a new era of remote work possibilities and capabilities, it simultaneously prompted an increase in the amount of remote workers juggling multiple jobs with one being full-time. This trend, known as “overemployment,” has been helpful for some workers. However, for some…
Read MoreGood Policies, Good Results – Have You Checked Yours Lately?
A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…
Read MoreNew Frontier in COVID-19 Vaccine Litigation
Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…
Read MoreWhat to Do if an Employee Is Arrested Outside of Work Hours
Over the last month or so, we have been asked by numerous employers, whether or not a private employer can terminate an employee who is arrested outside of normal working hours, but has not been convicted of any crime, without facing possible employment law exposure. Although we are not lawyers, we did check with legal…
Read MoreRetaliation Claims Can Drive You Nuts!
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as…
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