Retaliation: The form of 21st century employment discrimination

During the past decade, retaliation as a basis for employment discrimination claims has risen dramatically from fourth to second place (behind race), increasing by 46%. By definition, retaliation is the act of an employer, through a manager, inflicting an adverse action (such as discharge, discipline, or demotion) against an employee who has complained of discrimination. Retaliation claims open the possibility of punitive damages, examples of which are given in this article. Drawing 1361 cases from a 21-year database, we report the characteristics of retaliation claims and offer recommendations to prevent and manage such claims.