Retaliation

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    Retaliation includes any adverse action taken against an employee for filing a complaint, supporting another employee’s complaint, or engagin in other protected actvity under a variety of laws. The most common type of retaliation claim involves an employee who alleges that she was first harassed or discriminated against and later punished...

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    There is an ongoing debate about whether employment decisions should be based on objective or subjective factors. Some advocate for the exclusive consideration of objective criteria. These decisions are based on verifiable information or empirical data. Comparisons are made by reviewing mathematically quantifiable information. The consideration of...
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    An employee recently lost a retaliatory discharge lawsuit because he couldn't prove the decision maker knew he had made complaints about discriminatory workplace comments. This case has been in the courts for a while. In fact, the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky employers) sent the employee's retaliation...
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    An appeals court recently went to great lengths to reinstate a lawsuit against an employer that allegedly ignored work restrictions issued by a physician, failed to completely follow its own attendance policy, and referred to its employee as a "liability" when he requested Family and Medical Leave Act (FMLA) leave. Facts Alan Demyanovich...
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    The 6th Circuit recently reaffirmed that failure to train an employee can be an actionable form of discrimination. Facts Charles Reed, an African American, began working as a technician at Procter & Gamble's Tennessee plant in 1996. He was promoted to a technician 2 position in 1997 and became a technician 3 in 2003. Despite submitting the...
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    Q We want to terminate an employee for performance issues. However, once he realized he was in trouble performance-wise, he began complaining internally about state contract violations. We recently had a site visit investigation from the state, and we suspect the employee anonymously complained. Can we still terminate his employment, or will he...
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    On April 15, 2014, the Missouri Supreme Court issued a decision that significantly lowers the burden of proof for claims of workers' compensation retaliation under Section 287.780 of the Missouri Statutes. To prevail on a claim under the previous standard, an employee was required to prove that filing a workers' comp claim was the "exclusive"...
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    In the wake of the Enron scandal more than a decade ago, Congress enacted the Sarbanes-Oxley Act of 2002 (SOX) to impose stringent standards on publicly held companies. SOX provides whistleblower protections and prohibits publicly held employers and their agents, contractors, and subcontractors from retaliating against employees who report fraud...
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    After a civil rights claim is filed with a municipal human rights commission in Iowa, an administrative law judge (ALJ) may conduct a hearing to determine whether the employer acted lawfully. The ALJ's decision is then subject to review by the local human rights commission and the state courts. Read on to learn what the Iowa Court of Appeals...
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    Although the Kansas Legislature didn't pass any legislation that will significantly affect private employers in Kansas this year, lawmakers did pass two laws that will have an impact on employers and employees in the public sector. Read on to learn about new laws that eliminate due process for public schoolteachers and restrict municipalities'...
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