Last month, the U.S. Supreme Court made back-to-back decisions that allow employees to file retaliation claims under two laws that do not expressly state this right. In doing so, the Court opened the door for more employees to claim retaliation. Two years ago, the Court broadened employees' rights to file retaliation claims under Title VII. With rulings like these, employers have great incentive to make writing and enforcing anti-retaliation policies a priority.
On May 27, the Supreme Court determined that federal employees may assert a retaliation claim under the Age Discrimination in Employment Act (ADEA). The right of private employers to file retaliation claims was written into the Act; the provisions of the ADEA related to public employers, enacted seven years later, broadly provide a prohibition against "discrimination based on age," but do not explicitly mention retaliation. The High Court ruled 6-3 that t...(register to read more)