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Employers Beware

By Mark Blondman and Brooke Iley

It is a sad but true fact that employers are accused of discrimination on an almost daily basis. While most of these claims are without merit, it is critical that employers take them seriously and caution managers and supervisors that treating the complainer differently or more harshly because of the complaint is a recipe for disaster.

In a recent decision by a federal appellate court, a jury's conclusion that a prominent national law firm had retaliated against a former employee was affirmed. The employer was initially ordered to pay more than $500,000, and this figure could significantly increase as the case returns to a jury for them to decide whether punitive damages should be added to the award. Gallina v. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., No. 03-1883 (4th Cir. 2005). This decision, which corresponds with recent opinions from several different courts, is applicable to all employers who are faced with allegations of discrimination. The case highlights general principles and provides important lessons for employers to use to avoid retaliation claims.

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