Retaliation is the most frequently alleged basis of discrimination. It is unlawful for an employer to punish an employee for asserting their rights under anti-discrimination statutes. But identifying retaliation—and proving it—requires strategic awareness.
What Counts as Protected Activity?
Federal law protects employees who:
- Oppose discrimination (e.g., complain to HR or management)
- Participate in a proceeding (e.g., act as a witness or file a charge with the EEOC)
This protection applies even if the underlying discrimination claim turns out to be unsubstantiated, as long as it was made in good faith.
What Counts as Retaliation?
Any materially adverse action that could dissuade a reasonable person from engaging in protected activity may qualify. Examples include:
- Termination, demotion, or denial of promotion
- Schedule changes or undesirable reassignments
- Exclusion from meetings, training, or benefits
Legal Standard
To prove retaliation, an employee must show:
- Engagement in protected activity;
- A materially adverse action by the employer;
- Causal connection between the two
Timing often plays a critical role. For example, if an employee is terminated soon after filing an internal complaint, the temporal proximity may support a retaliation claim.
Strategic Tips
- Keep written records of all complaints and any negative actions that follow.
- Don’t delay—contact your agency EEO counselor within 45 days of the retaliatory act if you are a federal employee. If you are a state, local, or private-sector employee, pursue a Charge of Discrimination with the EEOC.
If you have experienced retaliation for asserting your right to be free from discrimination, contact Moosbrugger Law for a consultation.