Is Your Business Prepared to Prevent Retaliation Claims?
The Equal Employment Opportunity Commission (EEOC) recently published its charge statistics for Fiscal Year 2017. Retaliation claims were the most overwhelmingly common claim, highlighting that businesses continue to make missteps when responding to employee complaints.
In total, 84,254 workplace discrimination charges were filed with the EEOC nationwide during fiscal year (FY) 2017. The agency obtained $398 million for victims in the private sector and state and local government workplaces through voluntary resolutions and litigation.
The EEOC’s FY 2017 data reveals that retaliation was the most frequently filed charge filed with the EEOC, followed by race and disability. Notably, the agency also received 6,696 sexual harassment charges and obtained $46.3 million in monetary benefits for victims of sexual harassment.
Below is a breakdown of the charges by bases alleged, in descending order:
Retaliation: 41,097 (48.8 percent of all charges filed)
Race: 28,528 (33.9 percent)
Disability: 26,838 (31.9 percent)
Sex: 25,605 (30.4 percent)
Age: 18,376 (21.8 percent)
National Origin: 8,299 (9.8 percent)
Religion: 3,436 (4.1 percent)
Color: 3,240 (3.8 percent)
Equal Pay Act: 996 (1.2 percent)
Genetic Information: 206 (.2 percent)
Preventing Retaliation Claims
To protect your business from retaliation claims, it is imperative that supervisors and managers understand what constitutes unlawful retaliation. Retaliation occurs when an employer unlawfully takes action against an individual for exercising rights protected by federal statutes, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. In general, a retaliation claim has three elements: the individual either “participated” in EEOC activity or otherwise “opposed” discrimination; the employer took adverse action against the individual; and a causal connection exists between the protected activity and the adverse action.
Human nature can help explain why retaliation claims are so common. Employees who complain about discrimination or harassment are often on the lookout for any sort of adverse treatment. Accordingly, any perceived slight, justified or unjustified, may lead to a retaliation complaint. At the same time, the employee accused of discrimination or harassment may resent having their professionalism and integrity questioned and have a hard time working with the accuser as if nothing happened.
Thankfully, there are several steps that businesses can take to avoid retaliation claims. Below are a few examples:
(1) Implement a strong anti-retaliation policy: Make sure your employee handbook and all other compliance policies contain a clear, written prohibition of retaliation.
(2) Establish a clear complaint process: Employees and managers alike should understand the proper process for dealing with a discrimination claim, including the procedures for both filing and investigating a complaint.
(3) Follow through with all investigations: Create a corporate culture in which all complaints are taken seriously and investigated promptly. Uniform policy enforcement can go a long way in defeating claims of discrimination and retaliation.
(4) Document performance issues: Carefully record (in writing) all employee performance evaluations, particularly when problems arise. This evidence can help substantiate that your business had a legitimate reason to take disciplinary action should an employee later file a retaliation claim.
(5) Take preventive measures: It is always a good idea to be honest and straightforward with employees when making employment decisions. Also, if an employee has lodged complaints about a supervisor, it may be advisable to assign decision-making authority on personnel issues to another staff member in order to deter a retaliation claim down the road.
Of course, involving legal counsel in the investigation and resolution of discrimination claims can also help avoid a potential retaliation lawsuit. It is also advisable to work with a knowledgeable employment law attorney when implementing an anti-retaliation policy.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs
When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments
New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
