By Mike Sunnucks | Phoenix Business Journal
The most common workplace discrimination complaint in Arizona and nationwide are bosses firing or lashing out at workers after they complained about being mistreated by others at work. Plus, retaliation complaints are rising both in Arizona and the U.S. despite an overall drop in other discrimination charges last year. Total workplace discrimination charges were down 4 percent in Arizona last year versus 2012 and 5.7 percent nationally, according to the U.S. Equal Employment Opportunity Commission.
Continued:
Statement by David Weissman: It is encouraging to see that the overall number of discrimination claims is trending downward, both nationally and in Arizona. Perhaps that is a sign that management-side employment lawyers and human resource professionals are doing a good job of advising companies on how to best comply with anti-discrimination laws and prevent employee claims, or at least to manage claims internally before they go to the EEOC.
“Regardless of the reason for the decline, it can only be positive when companies spend less money on defending claims and can instead use those funds for more productive endeavors. That said, the increasing number of retaliation claims is troublesome. Retaliation claims are particularly dangerous because even if an employer has not engaged in legally prohibited discrimination, it can still be liable for retaliation based on how it reacts to an employee’s complaints. Accordingly, employers should take care to implement and enforce clearly worded anti-retaliation policies, and properly train their managers so as avoid these kinds of claims.
If you’d like to discuss employment or health care law, contact David Weissman, dweissman@roselawgroup.com
