All posts by Tiffany Dillard, Esq. G. Steven Bashen, SPHR

Retaliation: The Champ

Retaliation: The Champ
Retaliation: The Champ

If we gave out rings for the most successful type of discrimination claim, then retaliation would be the Tom Brady of all claims.  According to the EEOC, retaliation is the most frequently alleged basis of discrimination (44.5 percent of 89,385 EEO complaints filed in 2015). According to the EEOC, the “number of discrimination findings based on retaliation has outpaced other bases of discrimination.”  The EEOC has proposed changes to its retaliation guidance to include a “convincing mosaic” of circumstantial evidence to establish causal connection. This simply means that it will probably be even easier for an employee to prevail on a retaliation claim. Avoiding or successfully managing a reprisal claim requires a different approach.

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