Human Resources News & Insights

Employer defeats worker’s retaliation lawsuit by calling on its policy

Can you discipline an employee who has recently complained about harassment? Yes, but you must be ready to prove the discipline was unrelated to the complaint. Attorney Bob Neiman breaks down a recent lawsuit that shows some of the circumstances under which this can be done. 

Wellness program requirements and retaliation: An expensive mix

The feds do allow companies to employ “negative incentives” to boost wellness program participation. But as this case proves, you’ve got to tread carefully.  

‘Put on your big boy pants’: Takeaways from man’s retaliation suit

When a male employee in a predominantly female workforce voices a gender discrimination complaint, it’s probably not the best idea to tell him to “suck it up” and “put on your big boy pants.”

6 words turned age bias lawsuit into a $922K payout

A western PA-based employer probably regrets that one of its managers uttered just six words to a shift supervisor. 

3 little words from CEO propel worker’s retaliation lawsuit

Here’s more proof that managers (and executives) need to keep their opinions to themselves and just stick to the facts when disciplining employees. Otherwise, they could create a path for employees to sue. 

Here’s a proven template for firing an FMLA abuser

A recent lawsuit and subsequent courtroom battle provides a valuable lesson in how to terminate a Family and Medical Leave Act (FMLA) abuser while fending off claims of interference and/or retaliation. 

New anti-retaliation rules issued under ACA & injury laws

The federal government just added another box employers must check before terminating or taking a disciplinary action against an employee. 

Top 7 ADA developments you need to know about now

A lot of new legal ground was just broken with the ADA over the past few months. 

EEOC: Don’t tell staff this about ADA-protected workers

Beware: What you say to your employees about a co-worker’s ADA condition/claim could lead to a retaliation charge. 

EEOC drops new guidelines on avoiding retaliation claims

The EEOC just made avoiding retaliation claims easier, helping out both you and your managers. The agency recently posted its finalized Enforcement Guidance on Retaliation and Related Issues, that were last updated in 1998. Why now? According to EEOC Chair Jenny Yang, retaliation claims make up 44.5% of all complaints filed with the EEOC, surpassing […] [MORE]