How to lose a harassment case without ever committing harassment

A New York sexual harassment case has demonstrated that an employer, and the offending manager, can lose a sexual harassment case without ever being found guilty of sexual harassment. How you wonder? Let me explain. The case The case involved a professor at Columbia University who claimed she was harassed and then denied tenure for …

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Retaliation is a big deal to the EEOC

On September 7, 2016 I wrote Guarding against retaliation is a much more active process now! Since then I have read some additional material that certainly indicates that retaliation is a very big deal to the EEOC. The EEOC has even prepared suggested steps that employers should take to insure they do not engage in …

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Is retaliation such a big deal?

The Merriam-Webster definition of retaliation is either “repay an injury in kind” or “to return like for like, especially to get revenge.” It comes from the Latin word “retaliare” which meant to pay back in kind. Originally it was used in both a positive and negative way, but today it only has the negative meaning. …

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Retaliation is not only illegal it is just stupid

Employers do a lot of things wrong. As an optimist I hope that most of these errors are errors of omission and not errors of commission, as my friend Jon Hyman has once said. As a realist I realize that there may be more intentional wrong-doing than I would like. One area that it is …

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To Keep Your Managers from Retaliating They Need to Know What that Means

Evan Pontz, who writes for Troutman Sander’s HR Matters, wrote a great piece called How Not to Retaliate. He gives four very sound pieces of advice : Enforce a non-discrimination and non-retaliation policy Educate on what is “protected activity” and what are “adverse job actions.”  Investigate carefully and thoroughly. Act consistently and fairly, and document …

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Association Is Not A Protected Category or Is It?

  Most of us know that employees that for work private sector companies that employee 15 or more workers is covered by Title VII of the Civil Rights Act of 1964 and its various amendments. This law defines various protected categories of workers, such as race, gender, religion and disability. But what about people who …

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Retaliation for a Claim of Discrimination Is a Big NO-NO Revisited

Last May I wrote this post on retaliation. It is becoming yet a bigger and bigger issue. Attorney after attorney tell their clients that these cases are difficult to defend. According to attorney Robert Shea “…it seems claimants and their attorneys have come to realize that retaliation claims are different than typical discrimination claims and …

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