The purpose of anti-retaliation statutes is to protect an employee’s employment so that employees do not feel intimidated as a result of filing charges or participating in an investigation of charges against an employer. To prove a claim of retaliation, an employee must establish that following:
- The employee engaged in Protected activity.
- The employer knew the employee was engaged in protected activity.
- The employee suffered an adverse action.
- There is a causal link between the protected activity and the adverse action.
If an employee establishes these elements then the employer must show that there is a legitimate non-discriminatory reason for the action taken. If the employer does this then in order for the employee to succeed, the employee must show that the employer’s reason is pre-textual and it was actually because of the protected activity. The employee need not succeed on the underlying claim of discrimination or harassment to prevail on a claim of retaliation.
Examples of Protected Activity
Although not all-inclusive, the following list illustrates some examples of protected activities:
- Filing a charge of discrimination or harassment
- Cooperating with an internal investigation of alleged discriminatory practices
- Serving as a witness in an EEOC investigation or litigation
Examples of Adverse Action
Below are some examples of adverse action:
- Termination
- Refusal to hire
- Denial of promotion
- Unjustified negative evaluations
- Changing work hours
- Diminishing an employee’s responsibilities
- A reduction in benefits
- Transferring to a less desirable location
- Unwarranted disciplinary action
If you are confronting retaliation claims in the workplace or fear that they are looming ahead, contact us to schedule a workplace assessment.