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December 5, 2010 | History

Understanding and preventing workplace retaliation 1 edition

Cover of: Understanding and preventing workplace retaliation | Patricia A. Wise

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Understanding and preventing workplace retaliation
Patricia A. Wise.

Published 2000 by Thompson Publishing Group in Washington, D.C .
Written in English.

Table of Contents

Machine generated contents note: Chapter 1: Defining Retaliation in the Workplace
What Is Retaliation?1
Where Did this 'New' Liability Come From?1
The Enforcement Role of the EEOC3
Discrimination Laws and Retaliation3
Damages Available for Retaliatory Conduct4
How Much Does Retaliation Cost?5
Supreme Court Expands Anti-Retaliation Protections6
EEOC's Response to the Problem of Retaliation6
Identifying Potential Plaintiffs7
Large Class of Potential Plaintiffs7
Broad Employer Liability Exists10 Chapter 2: What Constitutes a Claim of Retaliation?
Essential Elements of a Retaliation Claim13
Defining Protected Activity14
Opposition Activity Is Protected14
Courts Interpret Opposition Activity15
Limits on Opposition Activity: It Must Be 'Reasonable'17
What Constitutes Unreasonable Opposition?18
Is Employer Knowledge of Opposition Activity Required?19
Participation Activity Is Protected20
Types of Adverse Action22
Constructive Discharge24
How Bad Does the Adverse Action Have to Be?25
Post-Employment Retaliation27
Pre-Employment Protected Activity28
Nexus Between Protected Activity and Adverse Action28 Chapter 3: Defenses to Claims of Retaliation
First Line of Defense: Legitimate, Non-RetaliatoryJustifications31
Is the Employer Liable for Retaliation? :33
Affirmative Defenses 35
Mixed Motives Defense 35
Proving Pretext: the Plaintiff's Burden37
Responding to a Charge of Retaliation38
The Role of Insurance in Limiting Liability38 Chapter 4: Preventing Retaliation Claims
Designing an Effective Retaliation Policy
Establishing a Complaint Procedure
Investigating Complaints of Retaliation
Steps for Handling Complaints
The Importance of Pre-Employment Screening
Pre-Interview Preparation
Interviewing Techniques
Value of Interview Notes
Importance of References in Hiring
Personnel Files: W hat to Keep?
Disciplining Employees After Protected Activity
The Effect of Severance Agreements and ReleasesAppendix A: Federal Discrimination Laws, Retaliation Provisions
Title VII of the Civil Rights Act of 1964 (excerpted)69
The Age Discrimination in Employment Act (excerpted)69
Americans with Disabilities Act (excerpted)69
Fair Labor Standards Act (excerpted)70 Appendix B: EEOC Guidance
EEOC Compliance M anual, Section8: Retaliation 73
Charge-Processing Outline76 Appendix C: Supreme Court Decision
Robinson v. Shell Oil Co 95 Appendix D: Sample Documents
Employment Reference Check105
M aintaining Personnel Files109
Sample Personnel File110
Sample Complaint Form133
Sample Documentation of Investigation 135
Sample Retaliation Language Included within a
Harassment Policy142.

Edition Notes

Includes bibliographical references and index.

Other Titles
Workplace retaliation


Library of Congress
HF5549.5.E43 W57 2000

The Physical Object

v, 147 p. :
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December 5, 2010 Edited by Open Library Bot Added subjects from MARC records.
April 28, 2010 Edited by Open Library Bot Linked existing covers to the work.
December 10, 2009 Created by WorkBot add works page