Retaliation defined: An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. 

The three terms are associated with Retaliation are:

  • Adverse Action
  • Covered Individual
  • Protected Activity

An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding.

Examples:

  • Decrease in wages
  • Unreasonable increase in responsibilities
  • Decrease in scheduled hours
  • Loss of benefits
  • Demotion
  • Transfer
  • Assault
  • Dismissal
  • Negative evaluation
  • Denied attending meetings
  • Increased surveillance
  • Unfounded civil or criminal charges

Note: this does not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, “snubbing” a colleague, or negative comments that are justified by an employee’s poor work performance or history.

Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability.

Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation.

Protected activity includes:

Opposition to a practice believed to be unlawful discrimination.

Opposition is informing an employer that you believe that he/she is engaging in prohibited discrimination. Opposition is protected from retaliation as long as it is based on a reasonable, good-faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable.

Examples:

  • Resisting advances
  • Registering a complaint of harassment or discrimination
  • Testifying
  • Picketing
  • Supporting the claim of another employee
  • Participating in an investigation, proceeding, or litigation
  • Notifying law enforcement authorities
  • Refusing to obey an order reasonably believed to be discriminatory
  • Participation in an employment discrimination proceeding
  • Filing a charge of employment discrimination
  • Cooperating with an internal investigation of alleged discriminatory practices
  • Serving as a witness in an EEOC investigation or litigation

Note: A protected activity can also include requesting a reasonable accommodation based on religion or disability.

justice_smCourt Case

The EEOC had charged that N-W Ventures, LLC in Las Vegas subjected a class of African American employees to discrimination, including racial harassment and retaliation. N-W Ventures owns several bars, steakhouses and lounges in Las Vegas, Chicago and Dallas.

According to the EEOC’s suit, eight black employees and other similarly situated individuals were forced to endure racist epithets and insults on many occasions. When some employees complained, managers retaliated against them by instructing supervisors to “get something on them, whether true or not,” and then firing them because of their race and as retaliation for the complaints.

Judgment: $457,500

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