Caution: Workplace Retaliation on the Rise!
Posted on | June 17, 2011 | No Comments
Last year, the Equal Employment Opportunity Commission (“EEOC”) received 36,258 charges for retaliation, thereby surpassing all other discrimination complaints, including race and sex discrimination, to become the number one filed charge with the EEOC. This sharp increase of complaints is due in part to the broad scope of federal and state retaliation laws.
To bring a charge for retaliation, an employee has to prove that he or she has engaged in protected activity that resulted in an adverse employment action by the employer. Protected activities include filing a complaint with a manager or HR, opposing illegal activity or even just being a witness in a company investigation. The adverse activity is not just limited to termination of the employee. Retaliation encompasses a wide spectrum of adverse employment activity, including but not limited to, demotion, time cuts, be passed over for a promotion, transfers and constructive termination.
Recently, the U.S. Supreme Court further expanded the scope of retaliation in Thompson v. North American Stainless, LP, by recognizing a cause of action for third-party retaliation for persons who did not themselves engage in protected activity. In Thompson, an employee was fired after his fiancé filed a discrimination complaint against their employer. The Court held that termination of a close family member would trigger protection under Title VII.
With the laws for retaliation only broadening, it is imperative that both employees and employers are aware of what constitutes workplace retaliation. If you are an employee that believes you are, or have been retaliated against, or if you are an employer who wishes to educate your employees on retaliation laws, please call The Wright Firm, LLP for assistance at 972-353-4600 or visit us on the web at www.thewrightlawyers.com
Tags: Dallas Business Attorney > Dallas Business Lawyer > Dallas Employment Attorney > Dallas Employment Lawyer > Dallas Labor Attorney > demotion > Denton Business Attorney > Denton Business Lawyer > EEOC > employer > employment > fired > Lewisville Business Attorney > Lewisville Business Lawyer > promotion > retaliation > The Wright Firm > Thompson v. North American Stainless
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