It used to be that an employee’s claim of retaliation in the workplace would be almost like a throw-in; the fifth of five claims for relief in a complaint that is otherwise mired in underlying claims of discrimination or harassment. Not anymore. Today, retaliation claims have their own wing in the museum of lawsuits and are, in fact, more difficult for companies to navigate through. Recognizing this new reality, it is critical for employers to understand the nature and unique issues attendant to retaliation claims, and the best practices for minimizing the likelihood that employers will be on the wrong end of those claims.

The Prevalence

Anti-retaliation provisions are ubiquitous in the primary employment statutes. A typical provision is the one contained in the Age Discrimination in Employment Act (ADEA), which provides in pertinent part:

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]