Retaliation

An employer may not discharge, demote, harass or otherwise retaliate against an employee for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination in the work place. The same anti-discrimination laws that prohibit discrimination based upon race, color, gender, religion, national origin, age and disability, as well as wage differences between men and women in the workforce, performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination, or participate in an employment discrimination proceeding.

Retaliation occurs when an employer, employment agency or labor organization takes an "adverse action" against a "covered" individual, because he or she engaged in a "protected activity." Definitions of these important terms are set forth below.

Adverse Employment Action

An adverse action is an action taken, in order to prohibit someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of an adverse employment action, include the following actions: (a) termination, a refusal to hire and the denial of a promotion; (b) other actions affecting an individual's status as an employee, such as threats, unjustified negative performance evaluations; unjustified negative employment references, and increased monitoring or scrutiny; (c) any other employment action which is likely to deter a reasonable person from pursuing his or her rights in the workplace.

Covered Individuals

Covered individuals are persons who have opposed unlawful employment practices, participated in proceedings or requested accommodations related to employment discrimination based upon race, color, sex, religion, national origin, age or disability. In addition, persons who have a close association with someone who has engaged in protected activity are "covered" individuals.

Protected Activity

Protected activity is defined as opposition to a practice believed by the employee to constitute unlawful discrimination. Such opposition is protected from retaliation as long as it is based on a reasonable good faith belief that the practice or conduct complained of violates the anti-discrimination laws and moreover, the manner of opposition is reasonable. Examples of protected opposition includes, complaining to supervisory personnel about discrimination against oneself or others in the workplace; threatening to file a charge of discrimination; and refusing to obey an order reasonably thought to be discriminatory.

Participating In An Employment Discrimination Proceeding

Participation includes the following activities: filing a charge of discrimination with the pertinent administrative agency, such as the Equal Employment Opportunity Commission; cooperating with an employer's internal investigation and serving as a witness in an internal investigation or in litigation.

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