Bruno Speaks on EEOC Discrimination Claims Reduction in Newsday

March 9, 2020 | Employment & Labor

Jonathan Bruno was quoted in the March 9, 2020, Newsday article, “EEOC: Workplace bias charges down.” The article was based on an Equal Employment Opportunity Commission report that showed a decline in workplace discrimination claims.

The report listed retaliation as the most frequently filed charge, at 53.8% of all claims filed with the Commission.

Jon explained that a worker may claim retaliation when the employee believes that got less-favorable treatment after participating in a protected activity such as reporting discrimination or taking part in a discrimination investigation. He said the reason retaliation is so often claimed is that “retaliation is much easier to prove than discrimination,” adding that retaliation “may be inferred when an adverse employment action happened in close proximity to the employee engaging in a protected activity.”

He counseled that employers should take “some pause” before terminating or disciplining an employee, especially if that employee had engaged in a protected activity — complaining about the work environment or requesting leave, for example. Jon added that employers should timely and thoroughly document issues of employee performance.

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