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Retaliation Claims.

By Victoria Woodin Chavey

Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/ hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. The Equal Employment Opportunity Commission (EEOC) reports that claimants asserted retaliation in nearly 30% of charges filed in 2006, up from about 22% ten years ago. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. Indeed, a plaintiff can proceed with a claim that her employer retaliated against her for having complained about discriminatory treatment, even if the complaint is ultimately dismissed.

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