Peter Panken Quoted in “Plaintiff’s Lawyer, Management Counsel Say Nassar

Bloomberg BNA's Workplace Law Report

Peter Panken, a Member of the Firm in the Labor and Employment practice, in the New York office, was quoted in an article titled "Plaintiff's Lawyer, Management Counsel Say Nassar Hasn't Hindered Retaliation Claims."

Following is an excerpt:

"Retaliation is probably the most significant item that is going on today," said Panken. He said retaliation claims are asserted in 36 percent of the discrimination charges filed with the Equal Employment Opportunity Commission.

He said in many cases the underlying discrimination claim is dismissed at or prior to the summary judgment stage, which the retaliation claim makes it to trial.

Retaliation claims most typically are brought under Title VII of the 1964 Civil Rights Act, which has explicit anti-retaliation provisions, Panken said. But claims also may be made under other statutes, even the Civil Rights Act of 1866 (42 U.S.C. § 1981) and the Civil Rights Act of 1871 (42 U.S.C. § 1983), which don't include express provisions prohibiting retaliation but have been read by the courts to bar employer reprisals against employees' protected activities, he said.