Does Employee’s Falsification of Employment Application Automatically Defeat Retaliation Claim?

the situation An employee complains that he is being harassed based on his sexual orientation and the fact that his partner is African American. Not long after he lodges this complaint, the employer discovers that although the employee stated on his job application that he graduated from community college, he had not actually graduated, but […]

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My Employee Badmouthed me on Glassdoor—Can I Fire Him?

the situation One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim? the ruling Depending on the content of the posts, you could be looking at a retaliation claim under these circumstances.  […]

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What Can you Ask about an Employee’s Medications?

the situation One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?

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Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

the situation A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the […]

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Firing Six Weeks After Charge Enough to Show Retaliation?

the situation An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can […]

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Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?

the situation An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature.  You interview some of the other employees who were purportedly present when these statements were made and none of them back up the complaining employee’s story. The supervisor […]

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Can’t I Do Something About These Unfounded Discrimination Claims?

the situation Your employee brings a claim of discrimination against your company which you believe is completely meritless. If you pursue a malicious prosecution charge against her, could you face a claim of retaliation?

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Half a Million Dollars for Pregnancy Discrimination Claim Against Chipotle

the situation One of your employees announces she is pregnant. Not long after, she complains that ever since she announced her pregnancy, her manager has been treating her differently, including not allowing her to take bathroom breaks. What sort of exposure do you have?

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How Far Can You Go With Medical Inquiry of a Prospective Employee?

the situation You have found a good candidate for an open position—the only thing between him and the job is a medical screening.  During the screening, you become aware that he had a back injury a few years ago and you are worried he can’t do the job, which is fairly physically demanding.  Can you […]

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Can Automated Response to Online Employment Application Show Knowledge of Age?

the situation You have an online application process. When a candidate submits his job application online, he automatically receives an email telling him that his application has been submitted, that you will review his background to determine if his qualifications meet with posting requirements, and that you will contact him if it does. You don’t […]

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