Retaliation
What does "Retaliation" mean in law?
Retaliation in employment law occurs when an employer takes a materially adverse action against an employee for engaging in protected activity, such as filing a discrimination complaint, participating in an investigation, or opposing unlawful practices. Under Title VII and other federal statutes, the plaintiff must establish a causal connection between the protected activity and the adverse action, which can be shown through temporal proximity, shifting explanations, or other circumstantial evidence. The Supreme Court in Burlington Northern & Santa Fe Railway Co. v. White broadened the scope of actionable retaliation to include any employer conduct that would dissuade a reasonable worker from making or supporting a charge of discrimination, even actions outside the employment context. Retaliation claims now constitute the single largest category of charges filed with the EEOC.
Definition
Retaliation in employment law occurs when an employer takes a materially adverse action against an employee for engaging in protected activity, such as filing a discrimination complaint, participating in an investigation, or opposing unlawful practices. Under Title VII and other federal statutes, the plaintiff must establish a causal connection between the protected activity and the adverse action, which can be shown through temporal proximity, shifting explanations, or other circumstantial evidence. The Supreme Court in Burlington Northern & Santa Fe Railway Co. v. White broadened the scope of actionable retaliation to include any employer conduct that would dissuade a reasonable worker from making or supporting a charge of discrimination, even actions outside the employment context. Retaliation claims now constitute the single largest category of charges filed with the EEOC.
Example
An employee who is transferred to a less desirable shift two weeks after filing a sexual harassment complaint with HR has a strong temporal-proximity argument for a retaliation claim.