In this real-life legal case, an employee who files a sexual-harassment complaint then gets ordered to work an unpopular, less-desirable schedule. The employee sues, claiming retaliation. Who won?

The facts: 
An employee filed a complaint at her company charging a manager with sexual harassment. While HR’s investigation into the complaint was still ongoing, the manager rearranged department work schedules, and the woman ended up having to work a less-desirable schedule for her — including work on weekends. She noted that up to that point, she’d been exempt from the weekend schedule because she was a single parent who needed to be home on Saturdays and Sundays. She then sued, claiming the sudden schedule change was a clear case of retaliation for her having filed the sexual-harassment complaint.

The employer said:
While the schedule change did come shortly after the complaint, that was a coincidence. The change had been planned for a while, and it involved all the employees in the department, not just the woman who filed the complaint. Some employees ended up with less-desirable schedules, and some ended up with better schedules. The employer also noted that exempting the woman from weekend work in the past was a courtesy, and the company wasn’t bound by that in making future schedules.

Who won the case? 

Answer: The employer. 

Why:
A court ruled a change in schedule doesn’t meet the standard for retaliation. The case hinged on the definition of “adverse action” – something done by an employer that harms an employee’s career. Such an action is illegal when it’s in retaliation for filing a harassment or discrimination complaint.

In this case, the court said, a schedule change doesn’t amount to an adverse action, especially since other employees were expected to follow the schedule, too.

Had the complaining employee been sngled out for termination, demottion, or transfer to a less desirable job or location, her argument would have been stronger, since any of those clearly could be considered an adverse action.

Not special – just fair
When an employee complains about harassment or discrimination, sometimes there’s a tendency to tiptoe around the employee to make sure there’s no appearance of retaliation.

But the law says you don’t have to give that person special treatment; you just have to be fair and treat the employee the same as any other.

If demotion or termination is in order for a complaining employee and with good reason, make sure your managers have thorough documentation for the action.

Cite: Duncan v. Delta Consolidated Industries.

Tags: adverse action, complaint, retaliation, sexual harassment