Employer Retaliation Charges Rise

After security guard Inderpal Nayyar, a naturalized U.S. citizen working in San Jose, California, repeatedly complained to his superiors that a coworker was ridiculing his accent and turban and calling him "too old," the 66-year old was involuntarily transferred. That led to cuts in his hours and benefits, so in June, Nayyar filed a retaliation lawsuit against Guardsmark, his former employer, with the help of the Equal Employment Opportunity Commission (EEOC).

Over the past two years, complaints of employer retaliation - against employees alleging workplace bias based on race, color, religion, sex, or national origin - have become the leading type of action filed in California under Title VII of the Civil Rights Act. They surpassed race-discrimination complaints, which have long held the top rank.

"As the economy has gone south, more discriminators are punishing employees who assert their rights so as to deter them and other employees from pursuing their claims," speculates William R. Tamayo, regional attorney for the EEOC in the Northwest.

At the same time, employees "are becoming more aware that retaliation is illegal under federal law," so they are more likely to report violations, according to Christine Park-Gonzalez, an EEOC program analyst in Los Angeles.

San Francisco District Director Michael Baldonado adds this warning: "Punishing the employee who speaks out will only multiply [an employer's] problems."

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