The Manager's Simple Guide to Avoiding Retaliation

In this article authored by Littler's Margaret Hart Edwards, the U.S. Supreme Court decision on the retaliation case Burlington Northern and Santa Fe Railway Co. v. White is examined. Edwards breaks down the results which have significantly expanded liability for employers in many jurisdictions, and how the expansion could lead to more retaliation claims. She notes that "Juries may determine that no discrimination occurred, but still find that there was retaliation against the employee that complained about retaliation." Edwards details what laws prohibit retaliation, explain how managers can recognize protected activities, and gives examples of prohibited retaliation.