The U.S. Equal Employment Opportunity Commission says that for 2011, it received more complaints about retaliation than any other kind of complaint, such as race or disability discrimination. Retaliation—finding a pretext to fire or transfer an employee because the employee complained about mistreatment by a supervisor, improper company practices, sexual harassment, or anything similar—is illegal. Furthermore, retaliation claims are easier to prove than discrimination claims.
To address the surge in retaliation claims, the U.S. Department of Labor has issued three new fact sheets on the issue: Fact Sheet #77A: Prohibiting Retaliation Under the Fair Labor Standards Act; Fact Sheet #77B: Protection for Individuals Under the FMLA; and Fact Sheet #77C: Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act.