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Retaliation

What is Retaliation?

Title VII states it shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment because he has opposed any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. 

Who is protected?

There are two distinct claims for retaliation:


  1. Opposition conduct- internal complaints of discrimination
  2. Participation conduct- filing charges or lawsuit and testifying in court or deposition

Even an employee who speaks out about discrimination in response to inquiries made during an employer's internal investigation is protected by the opposition clause. 

Manager Rule Exception

A management employee that, in the course of her normal job performances, disagrees with or opposes the actions of an employer does not engage in "protected activity." To qualify as "protected activity" an employee must cross the line from being an employee "performing her job" to an employee lodging a personal complaint.  

If you believe you are the victim of a retaliatory termination, please contact our office today to schedule a free case evaluation and consultation.