We’re seeing one thing more frequently than ever: Employees prevail against employers not so much on “primary” claims of employment discrimination (the traditional race, sex, national origin, religion, age, disability, etc.) but on “secondary” claims of retaliation based upon some earlier charge of discrimination by the employees.
Here’s the dangerous thing about retaliation claims: They’re absolutely, fundamentally believable. If you smack me in the face, you’re justified in thinking I’ll smack you back.
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