Employers know retaliation cases continue to rise, and many
appropriately fear being the subject of one. Employers also know
that it is difficult, if not impossible, to know exactly when
retaliation will occur. So what to do? On November 30, 2012, the
Seventh Circuit Court of Appeals issued a decision in which it
attempted to further clarify parameters of retaliation. In Kasten v. Saint-Gobain Performance Plastics
Corporation, the employee argued that the location of the time
clock was illegal because it forced employees to inaccurately
record the time they spent going to their work station or donning
or doffing (putting on and taking off) required clothing. The
employee was continually counseled and disciplined for failing to
accurately clock in. On the fourth occasion, where he was about to
be disciplined, a supervisor told the employee to "just lay
down and tell them what they want to hear, [they] can probably save
your job." The employee claimed to have complained of
