Expect the 2006 blockbuster U.S. Supreme Court ruling, Burlington Northern v. White, to swell the number of retaliation complaints and legal claims.
Employees can win retaliation lawsuits only if they can prove that they suffered an "adverse action" in response to their protected activity (filing a discrimination complaint, etc.). But the Supreme Court has adopted a very broad national standard of what is considered an adverse action.
Retaliation claims are on the rise. In fact, nearly 30 percent of employment claims filed with the U.S. Equal Employment Opportunity Commission (EEOC) now include complaints of retaliation. That's up from just 15 percent in 1992.
Retaliation: A 3-piece puzzle
Many federal employment laws, including Title VII discrimination law and the ADA, prohibit retaliating against workers who engage in "legally protected activity."
A retaliation claim must exhibit the following three parts to make...(register to read more)