Michael Schmidt, vice chair of Cozen O'Connor's Labor and Employment department, discusses the new EEOC crack down on retaliation. Retaliation can result in unlawful discharge, including the termination of HR practitioners when they are trying to perform equal employment opportunity (EEO) functions and it can result in compensatory and punitive damages against a company. Michael said that most employers are aware that they risk facing a retaliation claim when they terminate someone. “However, more current employees — as opposed to just those already terminated — believe that they are protected today simply by raising any kind of employment-related concern, and when they believe that some action is taken against them even short of termination,” he said. 

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