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‘You’ve Got to Worry’: Legal Departments Struggle to Sidestep EEOC Retaliation Claims

Corporate Counsel

Many companies being investigated by the Equal Employment Opportunity Commission for possible employment discrimination are making matters worse by taking actions that could be perceived as retaliation, according to employment attorneys.

[...]

In fact, legal teams should be aware that retaliation charges can succeed, even when the underlying discrimination claims flounder, said Anthony Mingione, a Blank Rome employment partner.

Mingione said it’s even possible for stand-alone retaliation claims to succeed, as the Keystone settlement demonstrates.

“[Retaliation claims] have a wide appeal, based on the ease of claims that can be brought, and recoveries which are available if the claims are successful,” Mingione said.

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"‘You’ve Got to Worry’: Legal Departments Struggle to Sidestep EEOC Retaliation Claims," by Hugo Guzman was published in Corporate Counsel on November 21, 2022.