In accordance with Case’s employment policies, the basic criteria for employee selection or promotion shall be appropriate qualifications in terms of education, experience, training and performance, consistent with Case’s needs.
Relationships by family, marriage, domestic partnership and/or similar personal relationship shall constitute neither an advantage nor a disadvantage to selection, promotion, salary, or other conditions of employment.
The Sarbanes-Oxley Act is another avenue an employee can take in pursuing a retaliation claim against an employer.
The Act’s “whistleblower” provision prohibits publicly traded companies and their officers, employees, contractors, subcontractors, and agents from retaliating against employees who blow the whistle by either reporting a violation of securities and fraud laws to the proper authorities or by assisting in an existing investigation that’s related to a violation of federal securities or fraud laws.
When staff members interact with students, staff members are frequently in a position of trust and influence.
These relationships must not jeopardize the effective functioning of the University by the appearance of either favoritism or unfairness in the exercise of professional judgment.
Case will, in its discretion, exercise sound judgment with respect to the placement of employees in these situations in order to avoid the creation of a conflict or the appearance of a conflict of interest, avoid favoritism or the appearance of favoritism, and decrease the likelihood of sexual harassment in the workplace.
Case is a community that values an environment of inclusion, trust and respect as beneficial for the working and learning environment of all its constituents.
Romantic or sexual relationships may occur in a University environment.
Part of what makes retaliation claims so dangerous is that there are an infinite number of ways for an unwitting employer to do something that looks like retaliation even though it isn’t intended to be.
In fact, to prevail on a retaliation claim, there’s no requirement that whatever the employee complained about in the first place was actually illegal.