Employees have long awaited direction from the Supreme Court on what constitutes an ?adverse employment action? in the retaliation context especially given the disagreement among the lower courts on this topic.

Indeed, retaliation claims are a large part of employment

discrimination law. In the early 1990?s some 15.3% of all illegal discrimination charges filed with the EEOC alleged retaliation. By 2005, that had almost doubled to 29.5%. That is worth a moment?s reflection: Forty years after invidious discrimination in employment was outlawed, almost one in three EEOC complaints allege retaliation for protesting that illegality, either in addition to some

underlying discrimination or independent of it. Such statistics demonstrate the need to broaden and better enforce the laws designed to present retaliation for reporting possible illegal or unlawful procedures in the workplace.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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