Ruling Could Leave Firms More Vulnerable to Lawsuits

Phoenix Business Journal, Valley of the Sun Business Journal

In this article authored by Littler attorney Mark Ogden, the impact of the Burlington Northern case on the rules of retaliation discrimination are assessed. Ogden defines what currently constitutes "adverse action," and offers guidance to employers. "We suggest that employers faced with a discrimination complaint be cautious in making counterclaims or initiating legal action against the employee, which could be viewed as retaliatory adverse actions."

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