Retaliation in the workplace is a topic that interests me, so I did some research and have come to realize the magnitude of this area as it relates to employer legal liability.
Unfortunately, employers have yet to fully grasp the dangers of retaliation.
For example, employers understand the dangers of discrimination in the workplace, but they are not yet fully aware of the retaliation that can follow an employee exerting his/her legal rights regarding discrimination in the workplace.
In fact, charges related to retaliation have had substantial growth over the last 10 years or so.
According to the Equal Employment Opportunity Commission (EEOC) Web site, in 1997, there were 18,198 retaliation charges filed, compared to 32,690 in 2008. That is an increase of 80 percent!
Here are some more statistics from the site:
- Retaliation charges filed with the EEOC made up 34.3 percent of all charges filed in 2008.
- Retaliation charges were the highest number of charges filed with the EEOC in 2008.
Due to these alarming statistics, I believe employers will continue to see the number of retaliation charges rise. Especially in light of the fact that court cases related to retaliation complaints continue to get national attention and press.
The Supreme Court’s landmark decision in 2006, Burlington Northern and Santa Fe Railway Co. v. White, opened the door for more retaliation claims. The Court held that a plaintiff-employee need not show that the alleged retaliatory action involved an “ultimate employment decision;” rather, it is sufficient to show that a reasonable employee would have found the challenged action materially adverse, i.e. one that might “dissuade” a reasonable worker from making or supporting a charge of discrimination.
As far as which employment laws retaliation in the workplace violates, you may be surprised by the answer: ALL OF THEM! Almost all employment and labor laws have some provision that protects employees against retaliation.
Some specific examples would be: Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, the Uniform Services Employment and Reemployment Rights Act and the National Labor Relations Act.
There are also state laws that help protect employees from retaliation in the workplace.
In my next Insight, I’ll give some examples of the forms retaliation in the workplace can take, as well as how a company might avoid being accused of retaliation.