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Warning: Whistleblowers Must be Handled with Care

by Martin Salcedo, Esq. - The Human Equation on 6/4/2014
judge's gavel

Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:


Who is a Supervisor under Title VII? Why does it Matter?

by Martin Salcedo, Esq. - The Human Equation on 7/17/2013
supervisor and employee

Who is considered a supervisor under Title VII? Since our last article discussing Vance v. Ball State University, the U.S. Supreme Court has given us the answer. According to the Court, a supervisor is a person

empowered by the employer to take tangible employment actions against the victim; to effect a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

Vance involved allegations of racial harassment and discrimination in violation of Title VII. Though the parties disputed the precise nature and scope of the harasser’s duties, it was clear that the harasser did not have the power to hire, fire, demote, promote, transfer or discipline the plaintiff. Given the harasser’s inability to take a tangible employment action against the plaintiff, the Court held that the harasser does not qualify as a supervisor under Title VII. More...

Importance of Employee Performance Appraisals

by The Human Equation, Inc. on 9/18/2008

Some of my mid-level supervisors have a habit of hastily and inattentively preparing performance appraisals for employees they supervise. Might their carelessness eventually prove harmful if an employee terminated for cause files a discrimination lawsuit against my company? More...

The Future of Your Workforce

by Donald A. Phin, Esq. - President, Employer Advisors Network, Inc. on 12/31/2003

An article in The Economist about the future of the corporation concluded that to survive a corporation must be lean, flexible, reputable, and talented. One of the greatest challenges to survival will be government regulation, with an estimated annual price tag of $1 trillion ($1,000,000,000,000) in the U.S. alone. More...

Categories: 2004

Letting Go of Control Can Empower Your Workers

by Donald A. Phin, Esq. - President, Employer Advisors Network, Inc. on 12/31/2003

For most of the 20th century, "scientific management" drove a command-and-control theory of workplace management. Management told employees exactly what to do and punished them when they failed to do it. In essence, they treated people like machines. More...

Categories: 2004

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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