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RETALIATION

An employee’s complaints to a supervisor or personnel within human resources regarding unlawful discrimination or sexual harassment is a “protected activity” and actions taken against the employee after such complaints may constitute retaliation. A retaliation claim may be brought by an employee who has opposed conduct that the employee reasonably believes to be discriminatory or harassment, even if a court later determines the conduct was not actually prohibited by law. The employee’s complaint must be made in good faith and be reasonable. Retaliation claims are often easier to prove that discrimination or harassment claims because jurors feel relieved at not having to evaluate whether the underlying conduct itself was actionable, just the fact that the employee complaint and was punished because of it. If you have made a complaint to your employer, you may be entitled to protection for any retaliation that occurs in response to your complaint.