You Are Going To Face A Retaliation Claim — Deal With It

Law360, New York (March 31, 2016, 10:54 AM EDT) -- Numbers do not lie. It has become a standard part of anyone's labor and employment law practice: take a discrimination complaint — whether it is before an agency or a court — and more often than not a retaliation claim is also involved in the mix. Typical example: "I complained, but was ignored. Then, they fired me." Case law tells us a retaliation claim can be asserted, even if there is no validity to the underlying discrimination complaint.

Why The Number Of Retaliation Claims Keep Going Up

There are a number of interrelated reasons why the U.S. Equal Employment Opportunity Commission,...

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