Retaliation claims are on the rise. According to Equal Employment Opportunity Commission charge statistics, from 1992 to 1998, retaliation charges, as a percent of the total discrimination charges filed, increased from 15.3 percent to 24 percent. Even where there has been a verdict in favor of the defense on the underlying discrimination claim, the number of verdicts in favor of plaintiffs on their retaliation claims is increasing. This increase is attributable to two factors: employees becoming increasingly aware of their rights, and retaliation claims often being easier to prove than the underlying discrimination claim.

PRIMA FACIE CLAIM

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