For many employment lawyers, retaliation claims have always been a bit of an afterthought. Yes, plaintiffs often added them to their “main” discrimination claims — but nobody took them too seriously. That has changed.
For the first time ever, retaliation is now the most commonly filed claim with the Equal Employment Opportunity Commission. Retaliation claims can result in hefty damage awards and give plaintiffs free reign to scrutinize and base claims on an increasingly wide range of post-complaint conduct.
