Understanding and preventing workplace retaliation
By: Patricia A. Wise.
Publisher: Thompson Publishing Group
Published: 2000
Place of publication: Washington, D.C
Language: eng
Number of pages: 147
Subjects: Violence in the workplace -- Prevention.; Revenge.; Problem employees.; Personnel management.
Other titles: Workplace retaliation
Notes: Includes bibliographical references and index.
Table of contents: title: Machine generated contents note: Chapter 1: Defining Retaliation in the Workplace; title: What Is Retaliation?1; title: Where Did this 'New' Liability Come From?1; title: The Enforcement Role of the EEOC3; title: Discrimination Laws and Retaliation3; title: Damages Available for Retaliatory Conduct4; title: How Much Does Retaliation Cost?5; title: Supreme Court Expands Anti-Retaliation Protections6; title: EEOC's Response to the Problem of Retaliation6; title: Identifying Potential Plaintiffs7; title: Large Class of Potential Plaintiffs7; title: Broad Employer Liability Exists10 Chapter 2: What Constitutes a Claim of Retaliation?; title: Essential Elements of a Retaliation Claim13; title: Defining Protected Activity14; title: Opposition Activity Is Protected14; title: Courts Interpret Opposition Activity15; title: Limits on Opposition Activity: It Must Be 'Reasonable'17; title: What Constitutes Unreasonable Opposition?18; title: Is Employer Knowledge of Opposition Activity Required?19; title: Participation Activity Is Protected20; title: Types of Adverse Action22; title: Constructive Discharge24; title: How Bad Does the Adverse Action Have to Be?25; title: Post-Employment Retaliation27; title: Pre-Employment Protected Activity28; title: Nexus Between Protected Activity and Adverse Action28 Chapter 3: Defenses to Claims of Retaliation; title: First Line of Defense: Legitimate, Non-RetaliatoryJustifications31; title: Is the Employer Liable for Retaliation? :33; title: Affirmative Defenses 35; title: Mixed Motives Defense 35; title: Proving Pretext: the Plaintiff's Burden37; title: Responding to a Charge of Retaliation38; title: The Role of Insurance in Limiting Liability38 Chapter 4: Preventing Retaliation Claims; title: Designing an Effective Retaliation Policy; title: Establishing a Complaint Procedure; title: Investigating Complaints of Retaliation; title: Steps for Handling Complaints; title: The Importance of Pre-Employment Screening; title: Pre-Interview Preparation; title: Interviewing Techniques; title: Value of Interview Notes; title: Importance of References in Hiring; title: Personnel Files: W hat to Keep?; title: Disciplining Employees After Protected Activity; title: The Effect of Severance Agreements and ReleasesAppendix A: Federal Discrimination Laws, Retaliation Provisions; title: Title VII of the Civil Rights Act of 1964 (excerpted)69; title: The Age Discrimination in Employment Act (excerpted)69; title: Americans with Disabilities Act (excerpted)69; title: Fair Labor Standards Act (excerpted)70 Appendix B: EEOC Guidance; title: EEOC Compliance M anual, Section8: Retaliation 73; title: Charge-Processing Outline76 Appendix C: Supreme Court Decision; title: Robinson v. Shell Oil Co 95 Appendix D: Sample Documents; title: Employment Reference Check105; title: M aintaining Personnel Files109; title: Sample Personnel File110; title: Sample Complaint Form133; title: Sample Documentation of Investigation 135; title: Sample Retaliation Language Included within a; title: Harassment Policy142.