Alaska Employment Law

In the last year, there was a 9% increase in federal discrimination charges filed with the EEOC, the largest increase since the 1990s. The increase includes hikes in all types of discrimination charges. Retaliation is the second most common discrimination complaint next to race. There was an 18% increase in retaliation charges in 2007 over the year before; race was up 12%, age 15%, disability and pregnancy claims up 14%.

Retaliation claims now account for almost 30% of EEOC filings, according to Lawyers USA. Retaliation claims often are easier to prove than the underlying discrimination claim, and the employee does not have to be successful regarding discrimination to win the retaliation claim. Jurors may be more likely to punish the employer when retaliation is involved.

A Supreme Court ruling in 2006 lowered the threshold for proving adverse actions in retaliation claims under Title VII. Burlington Northern & Santa Fe Railway Co. v. White, 126 S.Ct. 2405. The Court ruled that unlawful retaliation was not limited to a firing or demotion only. Thus, Title VII prohibits any action by an employer that “could well dissuade a reasonable worker from making or supporting a charge of discrimination.” It can include anything that is adverse to the employee, and proof of financial harm is not necessary. H/T: Lawyers USA.