Workforce Management
An employee can win a retaliation claim even when he does not win the discrimination claim. The anti-retaliation law protects employees from negative consequences for complaining about discrimination, whether the complaint was justified or not. By Mary Price Birk
One of an employer’s hardest management dilemmas, because of the danger of retaliation claims, is when an employee who has made an EEOC claim, or filed a lawsuit alleging discrimination, still works for the employer. Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. It also prohibits retaliation against employees who file complaints of such discrimination.
Retaliation is any action by an employer that would have deterred a reasonable employee from making a claim of discrimination, had the employee known this action would be taken against him if he complained. An employee can win a retaliation claim even when he does not win the discrimination claim. The anti-retaliation law protects employees from negative consequences for complaining about discrimination, whether the complaint was justified or not. In addition to Title VII, there are many other federal and state laws that also prohibit retaliation.
Full Story: http://www.workforce.com/archive/feature/legal/walking-eggshells-avoiding-retaliation-claims-an/index.php
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