Taking notes, following procedure is best practice against retaliation claims

Making sure you follow policies and procedures can help if your company finds itself on the receiving end of a retaliation lawsuit, according to the lessons learned from a recent ruling by the U.S. 10th Circuit Court of Appeals (which covers Kansas).

Retaliation defined

In a legal context, retaliation occurs when an employee is punished for engaging in protected conduct. Examples of protected activities include:

• Communicating with a supervisor about discrimination;
• Refusing to engage in practices that would result in discrimination;
• Requesting an accommodation for a disability; or
• Filing a complaint.

‘Date your boss’

In the fall of 2016, Jennifer Horal began selling vehicles for a Maserati dealership in Highlands Ranch, Colorado, owned by IHR, Inc. About a month later, on a Friday, she participated in a teambuilding game based off the game show Family Feud.

The game’s final question asked employees to “name a reason that your boss would give you a raise (other than that you work hard).” Horal responded by saying “get more education, get a certificate or degree.” But her answer wasn’t on the board. Instead, the top answer was “dating your boss.”

The following Monday, Horal let her supervisor know the final question had left her feeling uncomfortable. She was concerned the “top answer” was meant to suggest female sales consultants such as herself should sleep with their bosses to get ahead.