Retaliation Lawsuits in the News
For over 15 years, the most commonly filed complaint with the Equal Employment Opportunity Commission (EEOC) has been for retaliation in the workplace. Even when employers can prove that discrimination, harassment, or another type of employment claim doesn't rise to the level of being illegal, employers might still be found liable for retaliation because the person who made the complaint suffered adverse employment consequences after speaking up.
Retaliation can take many different forms, but the plaintiff/employee has the following essential elements of proof to sustain such a claim:
1. You engaged in protected activity (for example complaining of discrimination against you or someone else, harassment, or unsafe working conditions);
2. Your employer took adverse action against you;
3. The adverse action taken was in retaliation for your complaint. In other words, there is a causal connection between the negative action and the retaliation, and
4. You suffered damages and losses because of the adverse or retaliatory action such as wrongful termination, negative performance reviews, a demotion, a reduction in pay or hours of work, a transfer, etc.
Here are just a few retaliation lawsuits making headlines:
- Snapchat (Snap Inc.) agreed to pay $15 million to settle a lawsuit filed by the California Civil Rights Department alleging gender discrimination, failure to prevent sexual harassment, and retaliation against women who reported issues about unequal pay, failure to promote, negative performance reviews and constructive discharge;
- Katie Puris, a former TikTok executive has filed a lawsuit in a Manhattan federal court against the social media platform, alleging she was retaliated against and fired from her position because the company's owners in China, ByteDance, determined she "lacked the docility and meekness" required of female employees. Puris was the Global Head of Brand & Creative at TikTok, and alleged that she was fired after making internal complaints about sexual harassment, and gender and age discrimination linked to what she called a preference among company executive for hiring young people;
- In a pending retaliation lawsuit filed in federal court in Chicago, Tracy Cohen, an 18-year Gucci employee, accused the company of forcing her to work around the clock while enduring discriminatory comments about her age and mental health before she was fired for formally complaining about her working conditions.
- In the federal courts for Philadelphia, PA, April Nitkin, CRNP, filed a retaliation and wrongful termination claim against Main Line Health, alleging she was forced to resign for no legitimate reason after reporting sexual harassment and other misconduct of her boss, a physician and medical director. The jury returned a verdict of $140,000.00 in back pay and punitive damages, plus attorney fees, costs and interest;
- TNT Crane & Rigging, Inc., one of the largest crane service providers in North America, agreed to pay $525,000 and furnish other relief to settle a racial harassment and retaliation lawsuit filed by the EEOC in Texas. According to the EEOC’s lawsuit, four Black employees of TNT Crane were subjected to a hostile work environment by their co-workers and supervisors, including frequent use of racial slurs, open display of nooses and other white supremacist symbols. Despite their complaints, the company failed to take action to stop the harassment. The EEOC also charged that a white employee who witnessed the racial harassment also reported it to company managers and to human resources, but the company failed to act diligently to correct the harassment. Instead, TNT Crane reduced that white employee’s work hours in retaliation for his complaints and failed to stop mistreatment from his white coworkers, which forced him to quit his job.
While the above sample verdicts and settlements may not represent typical outcomes, only an experienced employment lawyer can appropriately evaluate your case. If you think you are being retaliated against, we recommend you immediately consult with an employment attorney to help you understand your rights, and if possible, to get your claims in order to bring them meaningfully to the attention of your employer.