"Court Extends Workers' Rights to Claim Employer Retaliation," Monster.com
In this article covering the facts of the recent decision that has broadened the definition of retaliatory actions, Littler's Greg Keating explains the definition of a legitimate claim. The court says a retaliation claim is legitimate when the employer takes actions that are "harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination." Keating says that with this language, "the court has just burst through the ceiling on what is recognized as adverse action" by an employer against an employee. "There's no question that this decision will have a radical impact on the workplace and how employers and employees behave." Keating also adds that "The verdicts are astounding. A continuing trend is that the jury exonerates the employer on the discrimination complaint and then absolutely whacks the employer on the retaliation piece."