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Can an ex-employer who was subjected to an EEOC claim who paid the complainant a settlement be charged with retailiation because

Winter Haven, FL |

they took out federal taxes on the settlement but did not send a W2 to the complainant?

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Attorney answers 1


That would be a stretch. The standard for retaliation in EEOC cases is whether the conduct would have dissuaded a reasonably employee from engaging in protected conduct. It's hard to see how failing to send the employee a W-2 would ever meet that standard, given that the IRS has procedures for dealing with employers who fail to send out W-2s and 1099s.

But sure, I suppose an employee could file a charge of discrimination asserting that theory. Frankly, I've seen worse.