Wednesday, July 12, 2006

Non-Compliance - Part Deux

A footnote to my post from yesterday:

"In a move that experts are predicting will trigger a spike in employee lawsuits, a unanimous U.S. Supreme Court ruled on June 22, 2006, that adverse actions aren't just limited to tangible employment actions in order to be considered illegal retaliation; adverse actions only need to dissuade a reasonable person from making a claim of discrimination. (Burlington Northern and Santa Fe Railroad Co. v. White)
The long-awaited Supreme Court decision substantially expanded what most employers must recognize as an adverse action — a required element of any retaliation lawsuit. With retaliation claims already more than doubling over the past decade...comprising more than 30% of the Equal Employment Opportunity Commission's (EEOC) caseload...and costing on average more than $130,000 each to resolve"

Wow! The hits just keep coming!

My question to you HR professional or company leader: Are you confident that you, your managers, and your supervisors clearly understand what is and what isn't considered retaliation under the new Supreme Court decision and know what actions the EEOC requires to avoid retaliation charges?

What you don't know CAN hurt you - to the tune of $130,000 or more!

Details of the case (if you're really bored...)

http://www.law.cornell.edu/supct/cert/05-259.html

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