Imagine the following situation: an employee believes she is being sexually harassed, so she submits a complaint to her employer and later files a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC holds a hearing where the employee testifies as to what she claims happened. An administrative law judge overseeing the hearing concludes that […]
Does Getting Fired for Lying Count as Retaliation? Read More »
Retaliation is a legal term for punishing an employee because he or she does something protected by the law, such as filing a discrimination complaint or testifying on behalf of someone else who has. Normally, an employee who claims retaliation has the burden of showing that the person taking the adverse employment action was motivated
How Do You Show That an Investigation Was Retaliatory? Read More »
If someone reports sexual harassment to you and you report it to management or human resources, you might be asking yourself, can I be fired? You’ve done the right thing. Your actions entitle you to legal protection from retaliation, which is punishment for making those illegal practices known. If you are punished for doing the right
Can I Be Fired for Reporting Someone Else’s Sexual Harassment? Read More »
A failure to promote may be the basis of a lawsuit if the facts and law line up on your side. To have a valid discrimination claim against a present or past employer, you would need to show that there was an adverse employment action because of your protected characteristic. An adverse employment action can
Can I Sue for Discrimination for Not Getting Promoted? Read More »
If your employer or former employer is providing bad references about you to prospective employers, it may be an act of retaliation preventing you from obtaining opportunities and possibly higher pay. As a plaintiff, you might be able to bring a legal action against the party, but you may have a hard time proving that
Should I Hire a Reference Checking Service to See Whether My Employer Is Badmouthing Me? Read More »
If you witnessed a co-worker being sexually harassed by your boss, would you tell the truth to human resources if they asked you about it? Though you may have many concerns that may prevent you from getting involved, state and federal laws are written to encourage you to speak up. Antidiscrimination laws are written to
Is a Witness to Discrimination Protected Against Retaliation? Read More »
Depending on which side you are on, the situation in the case discussed in this blog is a real-life “soap opera” or ongoing sexual harassment and retaliation that threatened the career of an up-and-coming college professor. Unless the case settles or is dismissed, a $20 million lawsuit against a world-famous business school will be tried
Assistant Professor Sues Columbia University for Sexual Harassment and Retaliation Read More »
Corporate mergers are famous for creating shareholder “value” by cutting costs. Many times, those costs are the pay and benefits of employees who find themselves laid off—and possibly discriminated against in the process. The University of Tennessee merged its men’s and women’s athletic departments in 2012. Of the 15 people laid off, 12 were women.
How Do I Show That My Layoff Broke the Law? Read More »
Retaliation claims are based on protected activity. First, you must have complained about some kind of discrimination, sought a reasonable accommodation for a disability, or sought a medical leave. However, to have a viable retaliation claim, you do not need to be able to prevail in your case for discrimination. A recent jury decision in federal
Can a Retaliation Claim Be Successful Without a Discrimination Charge? Read More »
Retaliation can include any adverse employment action done to punish someone after he or she seeks the protection of an antidiscrimination law. In a recent case, a jury in a Pennsylvania federal court held that Rudolph Karlo, a former employee who was laid off, was not rehired by his former employer because he refused to
Can Retaliation Include a Failure to Rehire? Read More »
