Retaliation Employment

Retaliation is the action of an employer against an employee for filing a charge of discrimination, for participating in a court case against the employer, or for opposing discrimination in the workplace. It is illegal to fire, demote, or harass an employee for these reasons, often called "whistleblowing". The same laws that protect workers from discrimination based upon race, color, sex, religion, age, and disability protect workers from retaliation. The Americans with Disability Act (ADA), in addition to protecting workers from discrimination based upon disability, also protects workers from coercion, intimidation, threat, harassment, or interference if they choose to exercise their rights or encourage a co-worker to exercise his or her rights. According to the EEOC, retaliation occurs when "an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity". The US Supreme Court, when hearing retaliation cases, tends to find in favor of the plaintiff.

Fast Facts

  • In 2008, the EEOC received over 32,500 charges of retaliation discrimination.
  • Of the above number, the EEOC resolved almost 26,000 charges.
  • The EEOC was able to recover over $100 million in damages.

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