Retaliation Claims Skyrocketing
Bosses need to train managers frequently and have an effective process for investigating charges.

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.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

-
How to Navigate Your Medicare Advantage Plan in a Disaster
If you're a Medicare Advantage member in an area that has been impacted by a disaster, you might be worried about access to care and medicine. Here's what you need to know.
-
Older Investors: Boost Your Savings and Retire Earlier
This one measure can help older investors retire up to two years earlier and potentially double their retirement savings.
-
How to Adopt AI and Keep Employees Happy
The Kiplinger Letter As business adoption of AI picks up, employee morale could take a hit. But there are ways to avoid an AI backlash.
-
The Rise of AI: A Kiplinger Special Report
The Kiplinger Letter Our special report looks at the opportunities and challenges of generative AI and how its rapid move into the mainstream is impacting every aspect of our lives.
-
Big Changes Are Ahead for Higher Ed
The Kiplinger Letter A major reform of higher ed is underway. Colleges are bracing for abrupt change, financial headwinds and uncertainty.
-
AI-Powered Smart Glasses Set to Make a Bigger Splash
The Kiplinger Letter Meta leads the way with its sleek, fashionable smart glasses, but Apple reportedly plans to join the fray by late 2026. Improved AI will lure more customers.
-
Breaking China's Stranglehold on Rare Earth Elements
The Letter China is using its near-monopoly on critical minerals to win trade concessions. Can the U.S. find alternate supplies?
-
Things that Surprise Business Owners When It’s Time to Sell
The Kiplinger Letter When it’s time to retire and enjoy the fruits of growing their business, owners are often surprised by how tough it is to give up their baby!
-
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 Threats
The Kiplinger Letter Cybersecurity professionals are racing to ward off AI threats while also using AI tools to shore up defenses.