Suppose you are a Department Head at Larger-than-Life Sciences, Inc. Rhonda the Researcher is one of your direct reports. Rhonda is just not performing well at her job. In fact, you are not sure she is really qualified. Your annual performance review showed serious problems. You then put Rhonda on a Performance Improvement Plan. Rhonda […]
What Happens When You Mix FMLA (and ADA) and Retaliation?
I don’t encounter many employers that don’t have some type of issue with employee leave–especially when an employee may be eligible for more than one type of leave (e.g. FMLA, ADA, workers’ comp). Then there’s the possibility of retaliation claims. You may have thought that only applied to discrimination claims. Guess what? It also applies […]
How The EEOC Says You Can Steer Clear of Retaliation Claims
We’ve already talked about how the EEOC defines the different elements of a retaliation claim. While the Enforcement Guidance offers some clarification, it also defines those elements very broadly. Many feel that the Enforcement Guidance makes it harder (but it is not impossible) for employers to impose legitimate disciplinary measures on employees who may be […]
The Almost-Final Piece on the EEOC and Workplace Retaliation…
OK, this is it, the countdown. This is the next-to-last installment of our scintillating mini-series on the EEOC and Workplace Retaliation. You’ll only catch it here. It’s not in theaters or on T.V. It’s not even on YouTube. OK, I went a bit overboard there. Let’s get back to our topic and focus. We now […]
More on the EEOC and Workplace Retaliation
We were in the middle of the EEOC’s Enforcement Guidance on Workplace Retaliation last week. We left off discussing what activity would be opposition to discrimination (and therefore protected from retaliation). Click here for review. Who exactly is protected from opposition-based retaliation? What might be some good examples of opposition? Who would be included among people engaging […]