An edition of Understanding and preventing workplace retaliation
(2000)
Understanding and preventing workplace retaliation
by Patricia A. Wise
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Last edited by Open Library Bot
April 28, 2010 | History
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Understanding and preventing workplace retaliation
2007, Thompson Pub. Group
in English
- 2nd ed.
1933807245 9781933807249
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Understanding and preventing workplace retaliation
2000, Thompson Publishing Group
in English
1930872003 9781930872004
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Book Details
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.
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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 |