It’s Easier to Prove Retaliation Than Discrimination
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It often my be too easy or too tempting, but you just cannot retaliate against employees who complain about the company. Unfortunately, a Tennessee machine company relearned that lesson out the hard way, explains Richard Cohen of Fox Rothschild, with some hefty legal fees and settlements for “getting back” at an employee who didn’t like the daily “milestone” meetings.
The meetings were held for employees to discuss their personal lives, including religious affiliations and church activities, reports Cohen. That was No-No No. 1. Then, when an employee opposed the practice, he/she was fired. The U.S. Equal Employment Opportunity Commission sued on behalf of the employee, citing retaliation—and the company settled for $80,000 plus “a whole lot of other relief,” says Cohen.
“Retaliation claims are increasing very rapidly,” he says, noting it’s easier to prove and more difficult to defend than discrimination. “Even if the underlying claim of discrimination has no merit, retaliation can still be claimed and proved.”
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