The latest news, articles, and events from the attorneys at Lerch, Early & Brewer.

Lerch Early Insights

COVID-19 Resource Center

Lerch Early is monitoring COVID-19 and its impact on our clients and communities.

As part of this effort, we're constantly working on fresh content to both inform and to meet your needs. Please check out our

COVID-19 Resource Center


Key Actions to Prevent Retaliation Claims

Now, more than ever, employers should take steps to minimize the risks of employee claims that they have been fired in response to filing discrimination or harassment complaints. Recent decisions by the Supreme Court and the state of Maryland make it more difficult for employers to prevail in retaliation claims. (link to newsletter article).

Key steps employers should take are to:

Establish a Policy Prohibiting Retaliation

Employers should adopt a clear and unambiguous policy prohibiting retaliation against employees who raise good-faith complaints of perceived discrimination, harassment or other civil rights violations.

Develop and Follow a Retaliation Investigation Process

Employers must establish, and just as significantly, follow a program for investigating such complaints fully and promptly and taking appropriate remedial action as circumstances warrant following the conclusion of an investigation.

Document, Document, Document

Employers need to document performance issues carefully and accurately, as well as the reasons for termination.

Assess “Associations”

Employers should carefully assess whether an employee who is about to incur an adverse employment action (i.e., termination, demotion etc.), but who has not engaged in otherwise protected activity, has an association with another employee that might precipitate a claim of “association” retaliation.

Marc Engel, an attorney at Lerch, Early & Brewer in Bethesda, Maryland, advises clients on employment issues, litigates employment and business disputes, and counsels companies and organizations on litigation avoidance strategies. For more information on how to minimize retaliation claims, contact Marc at or (301) 657-0184.


This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.


Email Confirmation

Thank you for your interest in Lerch, Early & Brewer. Please be aware that unsolicited e-mails and information sent to Lerch Early though our web site will not be considered confidential, may not receive a response, and do not create an attorney-client relationship with Lerch Early Brewer. If you are not already a client of Lerch Early, do not include anything confidential or secret in this e-mail. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not authorized to do so.

By clicking "OK" you acknowledge that, unless you are a current client, Lerch Early does not have any obligation to maintain the confidentiality of any information you send us.