It's Easier to Prove Retaliation Than Discrimination
Richard B. Cohen was quoted in Corporate Counsel's
article, "It's Easier to Prove Retaliation Than
Discrimination." Full text can be found in the August 8, 2014,
issue, but a synopsis is below.
Richard Cohen explains how a Tennessee machine company discerned
through heavy legal fees and settlements that a company or employer
cannot retaliate against employees who about the company.
Cohen reported that employees at this machine company expressed a
dislike for the daily "milestone" meetings, at which
employees discussed their personal lives, even sharing their
religious affiliations and church projects. Employee discontent was
only heightened when an employee was fired after expressing
opposition in this practice at meetings.
The U.S. Equal Employment Opportunity Commission promptly sued on
behalf of the employee for retaliation and the company settled for
$80,000, in addition to "a whole lot of other relief,"
explains Cohen.
"Retaliation claims are increasing very rapidly," notes
Cohen. He elaborates that retaliation is easier to prove and more
difficult to defend than discrimination. "Even if the
underlying claim of discrimination has no merit, retaliation can
still be claimed and proved," he says.
Cohen concludes that all one needs to prove in a case of
retaliation is that the plaintiff was opposing a practice he/she
had a reasonable basis to believe was unlawful and was a
"statutorily protected activity," there was an adverse
employment action taken by the employer and a connection between
the two.
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