Last year, retaliation claims made up 55.8% of all charges filed at the Equal Employment Opportunity Commission (EEOC). Retaliation claims were followed by disability (36.1 %), race (32.7 %), sex (31.7 %), and age (21 %) claims. Employers paid more than $439 million to resolve discrimination allegations in both private sector and state and local government workplaces during the agency’s 2020 fiscal year.
· Retaliation is often coupled with other claims of discrimination and can be costly for employers whose managers and supervisors are not properly trained and devastating for the employees who face it. An employee can bring a retaliation claim when their employer takes an adverse employment action against them as a result of that employee engaging in a protected activity.
· Some examples of Protected activity include reporting discriminatory behavior or harassment; complaining about a discriminatory company policy; demanding earned, but unpaid, overtime pay; or filing a charge of discrimination with the EEOC..
· Some types of adverse employment action include termination, failure to promote, punitive transfers, and any other actions that materially impact the terms and conditions of the employment.
Employees who report discriminatory behavior or practices have broad protections against retaliation. Employers should train anyone who makes employment decisions to recognize the various forms retaliation can take to avoid ending up in court. Should you have any questions about retaliation, please do not hesitate to contact our team of professionals.