Understanding Retaliation Claims: Why They’re the Easiest to Prove and How You Can Protect Your Organization

Did you know that retaliation claims have now become the second most frequently filed complaint with the EEOC? In fact, last year alone, 56.8% of all claims filed were due to retaliation. These statistics highlight a growing problem that many organizations may not be fully prepared for—and retaliation claims are one of the easiest for the EEOC to prove.

But why are these claims so easy to prove, and what can you do to protect your workplace? Let’s break it down.

Why Retaliation Claims are the Easiest to Prove

Retaliation claims are straightforward because they often follow a simple sequence of events. To prove retaliation, the EEOC looks for three key factors:

1. Protected Activity: The employee engaged in a legally protected activity, such as filing a discrimination complaint or participating in an investigation.
2. Adverse Action: The employer took a negative action against the employee, such as firing, demoting, or reducing their hours.
3. Causal Connection: There must be a clear link between the employee’s protected activity and the adverse action, such as the adverse action happening shortly after the complaint.

These three elements are often easy to trace, especially with good documentation. If an employee files a complaint and is suddenly demoted or given poor performance reviews shortly after, the EEOC doesn’t need much more evidence to connect the dots. It’s up to the employer to prove that the adverse action wasn’t a result of the complaint—a difficult task if the timing is suspicious.

Statute of Limitations for Retaliation Claims

Now that you know why retaliation claims are so common, it’s important to understand the statute of limitations for filing these claims. In most cases, employees must file a charge with the EEOC within 300 days of the retaliatory action, depending on the state. If the employee misses this window, they may lose their right to pursue a claim. But with retaliation being one of the most frequently filed claims, it’s clear that employees are aware of their rights and are taking action quickly.

Examples of Retaliation in the Workplace

Let’s take a look at some examples of retaliation to get a clearer picture:

Scenario 1:

An employee reports unsafe working conditions to OSHA. Two weeks later, they are moved to a less desirable shift and given a reduced workload.

Scenario 2:

A worker files a complaint with HR about racial discrimination. Shortly after, they are excluded from key meetings and given a poor performance review, despite consistently positive feedback in the past.

Scenario 3:

An employee participates in an internal investigation regarding harassment. After the investigation concludes, they are suddenly passed over for a promotion they were well-qualified for.

Scenario 4:

A female employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA). The next month, she is transferred to a lower-paying department with less responsibility.

Scenario 5:

An employee takes leave under the Family and Medical Leave Act (FMLA) for a medical condition. Upon returning, they notice a reduction in their responsibilities and are moved to a less visible position in the company.

Scenario 6:

A whistleblower reports financial misconduct to upper management. A few weeks later, the whistleblower’s performance is criticized for the first time, and they are given unrealistic deadlines and workloads to meet.

Scenario 7:

An employee who raises concerns about gender pay disparities is suddenly given tasks that are outside of their job description and far below their skill level, effectively pushing them out of critical projects.

Scenario 8:

An employee reports sexual harassment to HR. A month later, their annual bonus is significantly lower than expected, and they are given no explanation for the change, despite previous assurances of high performance.

Scenario 9:

An employee is involved in a lawsuit against the company for wage theft. In response, the employer moves the employee to a distant location that greatly increases their commute, making it difficult for them to continue working at the company.

Scenario 10:

An employee testifies in a discrimination lawsuit against the company. Shortly after, their work hours are reduced, and they are told they no longer qualify for the company’s healthcare plan due to their new part-time status.

How Can You Protect Your Organization?

The best defense against retaliation claims is a proactive approach. Here’s what you can do to protect your organization:

• Develop clear anti-retaliation policies and ensure they are communicated across the organization.
• Train managers and supervisors to recognize and prevent retaliation.
• Document all employment decisions carefully, including promotions, disciplinary actions, and performance reviews.
• Create safe reporting channels for employees, ensuring they feel comfortable raising concerns without fear of reprisal.

Act Now to Avoid Retaliation Claims

If you’re an HR professional, manager, or supervisor, it’s critical to take action now. Don’t wait until a retaliation claim lands on your desk to think about prevention. Start by implementing the right policies, providing ongoing training, and creating an open, safe environment where employees feel heard and supported.

Retaliation claims may be on the rise, but with the right tools and knowledge, you can ensure that your organization remains compliant and your employees feel protected. Stay ahead of the curve and protect both your employees and your company from costly litigation and damaged morale.

If you want to learn more about how to protect your organization of a possible retaliation claim, we invite you to check in our website our 1-Day Retaliation Claims Prevention Certificate Program.

https://www.hrtrainingclasses.com/live-online-training/

Elga Lejarza

CEO/Founder

HRTrainingClasses.com

HRDevelop.com