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ARTICLE · 24 SEPTEMBER 2015

6 Ways To Avoid Retaliation Claims

Fox Rothschild LLP
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I was recently reviewing the Department of Fair Employment and Housing's Annual Report (don't you wish you were me?), and saw that the DFEH received 17,632 complaints of employment discrimination in 2014. Of those, 12,344 (70%) alleged retaliation.

United StatesEmployment and HR
Jeffrey Polsky
Jeffrey Polsky
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I was recently reviewing the Department of Fair Employment and Housing's Annual Report (don't you wish you were me?), and saw that the DFEH received 17,632 complaints of employment discrimination in 2014. Of those, 12,344 (70%) alleged retaliation. Why is retaliation such a popular claim?

Some of it involves the way people perceive their interactions. An employee who has complained about discrimination will likely be vigilant in watching for some sort of adverse treatment. Any perceived slight, real or imagined, can give rise to a retaliation complaint. On the other side of the coin, someone who has been accused of discrimination or harassment may greatly resent having their professionalism and integrity attacked and find it very difficult to treat the accuser as if nothing happened.

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