by IUPA 4u and ME » 07/09/10 17:13:34
by Mod 610 » 07/05/10 06:13:55
Guest wrote:Retaliation in Discrimination CasesEliminating Fear of ReprisalBy Lisa A. Baker, J.D.February 2010 | FBI Law Enforcement BulletinThe provisions against retaliation within the antidiscrimination statutes protect covered individuals who engage in a protected activity. A covered individual includes an employee or applicant for employment who has opposed any discriminatory practice by the employer or has “made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing.”2 Included as well are former employees.3 For example, making disparaging comments and providing an unsubstantiated negative recommendation to a former employee’s prospective employer because of the former employee’s past claim of discrimination could be actionable as retaliation despite the lack of a current employment relationship. The activities covered by the employment-related antiretaliation protections include opposing a discriminatory practice (the opposition clause) and filing a charge of discrimination or testifying, assisting, or otherwise participating in an investigation, proceeding, or hearing addressing a claim of discrimination (the participation clause).In Burlington Northern, Sheila White complained to her employer that she was sexually harassed by her supervisor. The supervisor was disciplined, and she was removed from her normal assignment and reassigned to a more arduous position with less desirable duties. She sued, claiming that her reassignment was in retaliation for her claim of sexual harassment. Subsequently, there was a dispute at work and White was suspended indefinitely without pay for insubordination. White challenged her suspension and won after her employer concluded that she was not insubordinate and awardApplying these principles to the case at hand, the court concluded that there was sufficient evidence to support the jury’s verdict in favor of the plaintiff. The court noted that a reassignment, such as that which occurred in the White case, could be materially adverse, even though she was reassigned to duties within her job description where the reassignment led to her performing more strenuous and less attractive duties.ed her back pay. White added an additional charge of retaliation for her suspension.
by Mod 610 » 07/05/10 06:11:56
Guest wrote:Lee County Sheriff Mike Scott being sued for alleged First Amendment violationBy Rachel Revehl • rrevehl@news-press.com • June 30, 2010 Lee County Sheriff Mike Scott is being sued by the International Union of Police Association for an alleged First Amendment violation. The suit was filed in federal court.According to the union, the sheriff and the agency retaliated against a sergeant for participating in union activity.Rich Roberts, spokesman for the union, said Sgt. Jonathan Washer's activities were off duty and in no way interfered with his work at the sheriff’s office. Washer, who worked in the Economic Crimes Unit, was “essentially demoted to a much lesser position,” according to Roberts. Action sheets obtained today by The News-Press show Washer was transferred from Economic Crimes detective sergeant working day shift to a sergeant working patrol on the night shift. His clothing allowance was docked.Sergeant Stephanie Eller, spokeswoman for the sheriff’s office, said the move was not a demotion but a transfer. According to Roberts: “Sgt. Washer’s problems stem from recent activities trying to form a union with the other sergeants in the Sheriff’s office. Those activities were publicly available on his Facebook page and accessible to Sheriff’s Office employees including supervisors. Sgt. Washer communicated with other deputies about a variety of matters concerning their welfare. He told colleagues that they needed assistance from the IUPA in having a voice in their careers on issues affecting their wages, benefits, work conditions, and fair discipline practices.”Roberts said the action violates Washer’s First Amendment rights of free speech. Sgt. Washer is seeking reinstatement to his former position, lost wages, and other damages
by MCU » 07/04/10 21:05:08
by Guest » 07/04/10 20:57:44
by Guest » 07/02/10 08:29:38
by Guest » 07/01/10 22:13:07
by Guest » 07/01/10 07:16:59
Guest wrote:Best of luck on midnights Sarge! Kiss your banker's hours goodbye and hopefully you can squeeze into that uniform again. Enjoy working the ghetto!Tsssk, tsssk...Couldn't have happened to a nicer guy
by Guest » 07/01/10 07:08:34
by Also Alva Hick » 06/30/10 19:13:53
by Surrounding County » 06/30/10 18:42:24
by For you and me » 06/30/10 18:35:34
by Night Man » 06/30/10 15:09:37
by Guest » 06/30/10 14:54:37
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