NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second installment covered religious accommodation. Subsequent posts will get into other areas of employment law, including more detailed reviews of each of the various types of discrimination, disability accommodation, harassment, and wage-hour. If there is a topic that you'd like to see covered, please send me an email or leave a comment here.
Just about every state or federal employment law has an anti-retaliation provision. Very simply put, anti-retaliation provisions are intended to protect individuals who either pursue their rights under the law, who assist others in pursuing their rights, or who oppose employer practices that they believe violate the law.
This post will focus on retaliation under the federal anti-discrimination laws. A person claiming retaliation must prove three things:
- The individual engaged in legally protected activity.
- The employer took "materially adverse action" against the individual.
- There is a "causal connection" between the legally protected activity and the adverse action.
Protected activity. Legally protected activity can include participation (for example, filing a charge of discrimination, testifying in a discrimination case or otherwise cooperating in a government investigation), or opposition (for example, complaining internally about discrimination,...
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