Retaliation Claims

Recently, the Eleventh Circuit Court of Appeals ruled, in a case of first impression, that employees may bring a retaliatory hostile work environment claim against the employee’s employer as a result of retaliatory action being taken against an employee for the filing of or making a claim of hostile work environment harassment.  Retaliation claims are the fastest growing types of claims filed under all of the anti-discrimination statutes enforced by the United States Equal Employment Opportunity Commission, which is the federal agency that enforces statutes that prohibit discrimination based upon race, color, national origin, religion, gender, age, disability, marital status, or veteran status.  Retaliating against employees who exercise protected rights under any federal statute or any Florida statute prohibiting such discrimination can be costly and employers are well advised to review their employment practices to ensure that supervisory personnel understand that the law prohibits retaliation.  For additional information regarding this case or compliance with federal and state anti-discrimination laws, contact Christina Harris Schwinn at