How Do You Avoid A Retaliation Lawsuit?
Recent court decisions have identified a disturbing trend for employers in discrimination lawsuits: mainly, that retaliation claims are often succeeding even when discrimination claims are not. In these cases, employees are winning substantial judgments based on illegal retaliation despite the fact that their initial claims of discrimination fail. The following tips provide general guidance to employers in avoiding retaliation lawsuits. Understand the law. Federal discrimination laws prohibit retaliation against individuals exercising their rights under the Civil Rights Act, the Americans with Disabilities Act and the Age Discrimination in Employment Act. States also have similar laws prohibiting retaliatory practices. These laws generally provide that, to prove a retaliation claim, employees must show that they engaged in a protected activity (such as filing a discrimination claim), that they suffered an adverse employment action and that the adverse action was a result of the protect
