Partner Dan Kaufman was featured in the Society of Human Resource Management (SHRM) article "EEOC Guidance Outlines Ways Employers Can Avoid Retaliation" on September 1, 2016.
"Employers often struggle with how to discipline an employee who has engaged in misconduct but who has also filed a complaint, such as a harassment or discrimination charge, without setting themselves up for a retaliation claim.
An HR professional who is unaware of the complaint could investigate the employee's performance before the manager disciplines the worker to reduce the chances of a retaliation claim, recommended Daniel Kaufman, an attorney with Michael Best & Friedrich in Chicago. "Then if discipline is imposed, the company is able to say that someone who was not aware of the claim reviewed the misconduct," he said.
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