Retaliation claims by employees continue to rise. It is unusual, however, for a retaliation claim to be based on an employer’s lawsuit against an employee for malicious prosecution. However, that is what happened to an employee in Missouri after she filed a pay discrimination claim with the EEOC alleging that her employer paid men more than women in similar positions. The EEOC investigated the claim, and issued no finding on the charge. The employer then sued the employee in state court contending that her EEOC complaint constitutes malicious prosecution. In response, the EEOC sued the employer on the grounds that the lawsuit is retaliatory and violates the Equal Pay Act. The employer has not yet responded to the EEOC’s complaint, it will be interesting to see how it argues that its lawsuit is not retaliatory.