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RETALIATION
What is it?

All employers know (or certainly should know) that it is unlawful to retaliate against an employee for engaging in activity protected by civil rights laws.  However, questions continue to arise as to the scope of “retaliation.” Several years ago, the Supreme Court resolved one issue, finding that unlawful retaliation could occur beyond the boundaries of the employment relationship: for example, when an employer refuses to hire an applicant, or provides a negative reference for an ex-employee who has engaged in protected activity. Another question is how severe the employer’s conduct must be. Clearly, an “ultimate decision,” such as termination or denial of a promotion, would be severe enough, but what about lesser sanctions that are still painful to the employee?
So what’s an employer to do?

There isn’t much an employer can do about the large number of legally protected activities—other than to campaign for a change in the laws. However, employers can exercise a more appropriate level of restraint when dealing with protected individuals. Although doing so is a tall order, it is not impossible.

Some helpful and easy tips!

1.   Educate. Supervisors and managers should be aware of retaliation and know that it’s prohibited.
2.   Keep a close watch on “vindictive” managers. Some supervisors and managers are generally vindictive and are more likely to engage in behavior that could “dissuade” a person from engaging in protected activity.
3.   A stitch in time saves nine. Ensure that supervisors or managers who get ready to discipline, transfer, demote, or terminate an employee identify whether the employee has engaged in legally protected activity. If so, the decision should be reviewed by Human Resources or Legal before any action is taken.
4.   Make sure employees know their rights. All employees should feel that they can raise certain issues in the workplace without the fear of retaliation.
5.   Where you find retaliation, crack down on the retaliators, and make sure employees know you did. A manager accused of retaliation is entitled to a full and fair investigation, but in the instances in which a manager is found to have retaliated, employers should not be afraid to be tough.
6.   Don’t overreact. Don’t think that you can never take appropriate action against an employee who has engaged in protected activity. If an employer treats the “protected” employee the same as it would any other employee with the same performance deficiencies, behavior issues, and the like.
  Source: Ceridian.com

 

The Validity
Of
Retaliation Claims

A valid retaliation claim consists of three elements:

1.   Legally protected activity,

2.   Adverse employment action, and

3.   A “causal nexus” (that’s lawyerese for “connection”) between the protected activity and the adverse action.

In plain English, this means that:

1. Your employee either tried to blow the whistle on your company for doing something he perceived to be illegal, or he filed an EEOC charge, a workers’ compensation claim, a safety complaint or a lawsuit against the company.
2. You fired, demoted, failed to promote, or cut the pay of or otherwise “punished” that employee.
3. You took your actions in step No. 2 because of what the employee did in step No. 1.

shrm.org/HR Magazine

 

I-9 Deadline

Employers will be required to use the new Employment Eligibility Verification Form I-9 starting December. 26, 2007.
The revised Form I-9 removes five documents from “List A” that employers may accept from new hires.  The documents removed from List A and no longer acceptable are:
• Certificate of U.S. Citizenship (Form N-560 or N-561).
• Certificate of Naturalization (Form N-550 or N-570).
• Alien Registration Receipt Card (I-151).
• Unexpired Reentry Permit (Form I-327).
• Unexpired Refugee Travel Document (Form I-571).
For an updated Form I-9, visit our website at: www.hrsolutionsllc.com

 

 

 

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