Discrimination, Retaliation & the Law

Discrimination, Retaliation & the Law

Introduction

The number of EEOC Charges and subsequent lawsuits arising from discrimination, harassment, and retaliation has risen over the recent years. Moore & Van Allen's Employment and Labor Team have extensive experience, not only in counseling employers how to avoid these pitfalls, but also in defending employers in both federal and state courts and administrative agencies (Parry, 2008). Our vast experience encompasses Title VII of the Civil Rights Act of 1964 (race, color, sex, national origin, or religion), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Retaliatory Employment Discrimination Act (REDA). We also advise federal contractors on compliance with Executive Order 11246 through the Office of Federal Contract Compliance Programs (OFCCP) and the implementation of Affirmative Action Plans (Gold, 2001).

Discussion

A recent U.S. Supreme Court case states that employers are prohibited from taking any retaliatory action against an employee engaged in a protected activity - such activities including oral and written complaints (Mathis & Jackson, 2011). Even if a workplace discrimination complaint is dismissed, employers can still be restrained from retaliating against an employee who has made the complaint (Parry, 2008). The time of action taken against an employee is often important in deciding whether retaliation has taken place. The lack of a written policy prohibiting retaliation may also be something that the courts will look at. Courts may also look at lack of training for supervisors concerning what constitutes wrongful termination, policies that are in place but applied inconsistently, or the failure to post procedures in a manner that is known to all employees and supervisors (Mathis & Jackson, 2011).

Based in Los Angeles County, California, the law firm of Reisner & King LLP devotes a substantial portion of its practice to helping clients assert their employment ...