In the employment law world, sometimes we get to review some truly ­head-scratching decisions by ­employers. Two recent cases settled by the Equal Employment Opportunity Commission (EEOC) provide a road map on what not to do when an employee engages in protected activity. It is no secret that retaliation claims constitute the fastest growing, as well as the largest number of charges filed with the EEOC. In 2015, nearly half of all charges filed with the commission included allegations of unlawful retaliation. So it would make sense for an employer to be alert and avoid putting itself in an indefensible situation.

Unfortunately, that was not the case for Hobson Bearing International, Inc., of Diamond, Missouri. Hobson, a bearing manufacturer, was accused of violating the Equal Pay Act (EPA) by employee Tera Lopez, a former project manager of the company. Lopez first filed a discrimination charge against Hobson with the EEOC in 2015. After an investigation, on Oct. 20, 2015, the commission issued a dismissal and notice of rights indicating that “this does not certify that the respondent is in compliance with the statutes.” Less than three weeks later, on Nov. 9, 2015, Hobson sent a strong message to Lopez and anyone else who dared to file a charge of ­discrimination against the company. Hobson actually sued Lopez for malicious prosecution. The lawsuit was captioned Hobson International v. Lopez, 15AO-CC000256, and filed in the Circuit Court of Jasper County, Missouri.

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