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Employee Retaliation Claims: WE TOLD YOU SO

Posted on July 12, 2016 in Workplace Retaliation

In March 2014, Lebau and Neuworth stated in one of our blog postings:

“We have blogged in the past on the importance of always considering pursuing a retaliation claim with claims for employment discrimination. In addition, when being subjected to employment discrimination, one should also seriously consider complaining about the discrimination in order to obtain the protection of laws prohibiting retaliation. The Maryland federal court recently decided a case that is illustrative of the importance of seeking the protection of retaliation laws.” (Visit the blog post here.)

The New York Times recently followed our lead in reporting on the Gretchen Carlson lawsuit against FOX News:

“Perhaps most important, however, is the fact that it is often easier to win a retaliation claim than a case about the original discrimination, and it has become more so in recent years. The Supreme Court in 2006 made it easier to prove that an employer’s response was serious enough to constitute retaliation, instead of being able to win only when an employee suffered an unambiguously harsh consequence for speaking up, like being fired. Anything that might well have discouraged a reasonable person from coming forward, like a schedule that makes it tough to care for one’s children, could suffice.

Ms. Smith, the lawyer in the Carlson case, adds that retaliation claims can be more intuitive, because the desire to punish an accuser is almost universal. By contrast, discrimination claims may involve comments or actions that not everyone will view as hostile or demeaning.” (See the news article here.)

As the Times reaffirms, it is always important to determine if there is a viable retaliation claim in assessing such claims in the workplace.

Lebau and Neuworth has successfully represented dozens of victims of workplace retaliation. Please don’t hesitate to contact us for further information or assistance at 888-456-2529 or contact us.

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