Employers must stick to "best practices" in light of new statistics that the most frequent discrimination claims filed with the EEOC are retaliation

Lexology.com
Fox Rothschild LLP
Richard B. Cohen
USA
September 20 2011

Statistics released recently by the EEOC show, as employment practitioners already intuitively knew, that retaliation claims have skyrocketed so that now they are the most frequently filed EEOC claim against both private sector employers and the federal government.
Retaliation claims are serious business, as we have repeatedly warned employers in this blog. As we noted in our blog entry of May 23, 2011, a retaliation claim is far easier to prove than an underlying claim of discrimination, and that even if the underlying claim of discrimination has no merit, retaliation can still be proved. All that must be shown to make out a claim for retaliation is the employee’s filing of a claim or complaint of discrimination, an “adverse employment action” by the employer, and some causal connection between the two.

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