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:
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