Resource: RECENT RETALIATION CASES IN FEDERAL EMPLOYMENT DISCRIMINATION LAW

In Fiscal Year 2008, 95,402 charges were filed with the EEOC, reflecting a significant jump form the numbers of charges filed in FY 2007 (82,792) and in FY 2006 (75,768). The retaliation charges increases significantly from 22,555 in FY 2006 to 26,663 in FY 2007 to 32,690 in FY 2008. For a more stark illustration, in FY 1997, retaliation charges were 22.6% of charges, but 34.3% of all charges in FY 2008, representing an increase of over 50%. Not surprisingly, nearly all racial, national origin or sexual harassment charges are accompanied by a retaliation charge. Retaliation is a tool of power that discourages individuals from asserting their civil rights and that undermines the laws against discrimination. Two of the biggest failures of employers are not training supervisors not to retaliate and not holding supervisors accountable when they retaliate. For an employer, a retaliatory actions sends a dangerous message to the workforce that it tolerates discrimination and undercuts an employer's chances for affirmative defenses in harassment cases.