Cleveland Public Relations Firm Ordered to Pay a Million Dollars for Retaliation

posted by Neil Klingshirn  |  Oct 31, 2009 4:11 PM [EST]  |  applies to Ohio

A Cleveland jury ordered Dix & Eaton, a public relations firm, to pay over $1,000,000 for retaliating against a 59 year old executive who complained to Human Resources that her boss was setting her up for discharge so he could hire a younger replacement. Dix & Eaton fired her five months later, according to a report in the Cleveland Plain Dealer.

The executive, Antonia Susel, had also sued Dix & Eaton for age discrimination. The jury did not find in her favor on the age discrimination claim. This is not unusual and illustrates two legal issues. 

First, a retaliation victim does not have to prove that he or she was also a victim of discrimination. As long as he or she reasonably and in good faith believes that they are targets of discrimination, they have the right to complain about it free from retaliation.

Second, retaliation cases are easier to prove than discrimination.  Discrimination requires the victim to prove the culprit's state of mind - that racial, age or other unlawful bias motivated the employer. State of mind, including motive and intent, is difficult to prove, since it is invisible.  Retaliation cases, however, require only that the protected conduct and a discharge (or other adverse action) are causally connected.

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