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.
From just $107.88 $24.99 for Kiplinger Personal Finance
Become a smarter, better informed investor. Subscribe from just $107.88 $24.99, plus get up to 4 Special Issues
Sign up for Kiplinger’s Free 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.
-
Stocks Keep Climbing as Fed Meeting Nears: Stock Market TodayA stale inflation report and improving consumer sentiment did little to shift expectations for a rate cut next week.
-
Your End of Year Insurance Coverage Review ChecklistStop paying for insurance you don't need and close coverage gaps you didn't know about with this year-end insurance review.
-
Crypto Trends to Watch in 2026Cryptocurrency is still less than 20 years old, but it remains a fast-moving (and also maturing) market. Here are the crypto trends to watch for in 2026.
-
The AI Boom Will Lift IT Spending Next YearThe Kiplinger Letter 2026 will be one of strongest years for the IT industry since the PC boom and early days of the Web in the mid-1990s.
-
Amid Mounting Uncertainty: Five Forecasts About AIThe Kiplinger Letter With the risk of overspending on AI data centers hotly debated, here are some forecasts about AI that we can make with some confidence.
-
Worried About an AI Bubble? Here’s What You Need to KnowThe Kiplinger Letter Though AI is a transformative technology, it’s worth paying attention to the rising economic and financial risks. Here’s some guidance to navigate AI’s future.
-
Will AI Videos Disrupt Social Media?The Kiplinger Letter With the introduction of OpenAI’s new AI social media app, Sora, the internet is about to be flooded with startling AI-generated videos.
-
What Services Are Open During the Government Shutdown?The Kiplinger Letter As the shutdown drags on, many basic federal services will increasingly be affected.
-
The Economy on a Knife's EdgeThe Letter GDP is growing, but employers have all but stopped hiring as they watch how the trade war plays out.
-
Banks Are Sounding the Alarm About StablecoinsThe Kiplinger Letter The banking industry says stablecoins could have a negative impact on lending.
-
Apple Readies for AI Upgrade with New iPhonesThe Kiplinger Letter The tech giant has stumbled when it comes to artificial intelligence, but a new batch of iPhones will help it make headway.
