Using basketball terminology, we can now claim that in a discrimination suit it is almost a slam dunk that a retaliation claim will be made. In fiscal 2009, more than 33,500 claims of retaliation were made, tripling the amount of claims since 1992. Retaliation claims can be brought when a person experiences an “adverse employment action” (firing, discipline, demotion, reduction in salary, etc.) in reaction to (1) filing a discrimination claim, (2) complaining to the government or a government agency against discrimination, or (3) participating in a discrimination proceeding, such as an investigation. If an employee has filed a claim and suffers adverse action, it is up to the employer to show that the adverse action occurred for a valid, non-retaliatory reason. Employers must be careful if they discipline or otherwise take action against employees who file claims of discrimination. The best way for an employer to protect themselves is by keeping records documenting an employee’s shortcomings.