The number of retaliation lawsuits filed against employers is booming. In fiscal year 2009, such claims jumped nearly 85%, to 33,613, from 18,198 in fiscal 1997, according to the Equal Employment Opportunity Commission. Most cases result from employees being fired, demoted or denied promotion.
Better informed employees, zealous trial lawyers and a bum economy account for much of the increase. More workers are fighting layoffs or want to erase black marks from personnel files, so they sometimes are willing to push back by filing workplace retaliation claims.
Recent U.S. Supreme Court cases have made it easier for workers to sue. Retaliation is often easier to prove than discrimination, and the punitive and compensatory damages are the same. Often retaliation charges are piggybacked onto discrimination cases. “Virtually all of my cases with discrimination claims now include a retaliation claim,” says Gary Batke, an attorney with Bailey Cavalieri LLC. All a worker has to do is prove that he or she engaged in a legally protected activity and incurred negative consequences, says Batke. Employers have the burden of making a business case for their actions.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Employers need to take steps to avoid getting hit with retaliation claims. Have a zero tolerance policy for retaliation, and train supervisors frequently. Provide them with specific examples. Retaliation isn’t limited just to firings and demotions. It can include lesser actions, such as changing an employee’s schedule or excluding an employee from meetings.
-
‘I Play Pickleball in Retirement.’ Is It HSA-Eligible?Retirement Tax Staying active after you retire may be easier with these HSA expenses. But there’s a big catch.
-
What New Tariffs Mean for Car ShoppersThe Kiplinger Letter Car deals are growing scarcer. Meanwhile, tax credits for EVs are on the way out, but tax breaks for car loans are coming.
-
What New Tariffs Mean for Car Shoppers
The Kiplinger Letter Car deals are growing scarcer. Meanwhile, tax credits for EVs are on the way out, but tax breaks for car loans are coming.
-
AI’s Rapid Rise Sparks New Cyber ThreatsThe Kiplinger Letter Cybersecurity professionals are racing to ward off AI threats while also using AI tools to shore up defenses.
-
Blue Collar Workers Add AI to Their ToolboxesThe Kiplinger Letter AI can’t fix a leak or install lighting, but more and more tradespeople are adopting artificial intelligence for back-office work and other tasks.
-
The New AI Agents Will Tackle Your To-Do ListThe Kiplinger Letter Autonomous AI agents “see” your computer screen, then complete a task, from buying a concert ticket to organizing email. This opens up a world of possibilities.
-
AI’s Medical RevolutionThe Kiplinger Letter Medicine is a field ripe for finding both exciting and practical uses for AI. The tech is already being used by doctors and researchers.
-
The Economic Impact of the US-China Trade WarThe Letter The US-China trade war will impact US consumers and business. The decoupling process could be messy.
-
AI Heads to WashingtonThe Kiplinger Letter There’s big opportunity for AI tools that analyze MRIs and other medical images. But also big challenges that clinicians and companies will have to overcome.
-
The AI Doctor Coming to Read Your Test ResultsThe Kiplinger Letter There’s big opportunity for AI tools that analyze CAT scans, MRIs and other medical images. But there are also big challenges that human clinicians and tech companies will have to overcome.
