We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
According to charge statistics maintained by the EEOC, retaliation charges accounted for more
than 37 percent of all charges filed with the agency in FY2011,
totaling more than 37,300 charges. Retaliation charges accounted
for the largest percent of charges filed with the EEOC (race
discrimination was second, totaling approximately 35,300
charges).Retaliation charges are so popular because employees who
bring retaliation charges have a higher degree of success than
those that bring a regular discrimination charge. First, there is a
lower standard of harm that must be proven for a successful
retaliation lawsuit thanks to the U.S. Supreme Court case, Burlington Northern & Santa Fe Railroad v.
White (2006). Even though a discrimination plaintiff has to
prove that he or she suffered a "materially adverse employment
action," a retaliation plaintiff only needs show that the
employer undertook some conduct that may dissuade him or her from
making or supporting a charge. Second, juries inherently distrust
employers; retaliation (versus discrimination) "makes
sense."
However, there are some proactive steps an employer can take
that may help increase the odds of avoiding retaliation
charges:
1. Clear and Unambiguous Policy
Retaliation is not permitted
Describes the parameters of inappropriate conduct (as best as
possible)
Must be in writing
Includes a reporting and grievance procedure, listing specific
positions to whom the employee can report a claim of
retaliation
Contains an acknowledgement of receipt
2. Prompt Investigations
Remember that anyone who participates in an investigation is
likely protected from retaliation (not just the employee who makes
complaint)
Communicate results of the investigation to the grievant
Take effective remedial measures; carefully review ALL
discipline before imposing (ensure that it is consistent with past
practices)
3. Train Management
On the policy, in general (ensure everyone understands)
Who is protected from retaliation (participants, complainants,
sometimes persons related to complainant)
What can constitute retaliatory conduct; if in doubt, consult
with HR
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The "just cause" standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with "just cause").
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
Beginning in 2014, the Affordable Care Act will require "large" employers to offer their full-time employees healthcare coverage that meets certain standards or pay a penalty.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.
Employers have until October 1, 2013, to provide notice to current employees of coverage options available through the Health Insurance Marketplace established under the Affordable Care Act.
