RETALIATION

2. Adverse Actions Can Occur After the Employment Relationship Between the Charging Party and Respondent Has Ended
In Robinson v. Shell Oil Company , the Supreme Court unanimously held that Title VII prohibits respondents from retaliating against former employees as well as current employees for participating...

ADVERSE ACTION
1. General Types of Adverse Actions The most obvious types of retaliation are denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, and discharge. Other types...

Adverse Actions Need Not Qualify as ''Ultimate Employment Actions'' or Materially Affect the Terms or Conditions of Employment to Constitute Retaliation
Some courts have held that the retaliation provisions apply only to retaliation that takes the form of ultimate employment actions. Others have construed the provisions more broadly, but...

Appropriateness of Punitive Damages
Appropriateness of Punitive Damages Proven retaliation frequently constitutes a practice undertaken ''with malice or with reckless indifference to the federally protected rights of an...

BASIS FOR FILING A CHARGE
A charging party who alleges retaliation under Title VII, the ADA, the ADEA , or the EPA need not also allege that he was treated differently because of race, religion, sex, national origin,...

CIRCUMSTANTIAL EVIDENCE OF RETALIATION
CIRCUMSTANTIAL EVIDENCE OF RETALIATION 1. Evidence raises inference that retaliation was the cause of the challenged action; 2. Respondent produces evidence of a legitimate,...

Circumstantial Evidence To Prove Causal Connection
The most common method of proving that retaliation was the reason for an adverse action is through circumstantial evidence. A violation is established if there is circumstantial evidence raising...

COMPENSATORY AND PUNITIVE DAMAGES
COMPENSATORY AND PUNITIVE DAMAGES 1. Availability of Damages for Retaliation Under ADEA and EPA A 1977 amendment to the Fair Labor Standards Act authorizes both legal and equitable relief...

Direct Evidence To Prove Causal Connection
Direct Evidence To Prove Causal Connection If there is credible direct evidence that retaliation was a motive for the challenged action, ''cause'' should be found. Evidence as to any...

ELEMENTS OF A RETALIATION CLAIM
A. OVERVIEW There are three essential elements of a retaliation claim: ELEMENTS OF RETALIATION 1) opposition to discrimination or participation in covered proceedings 2)...

Oposition by threatening to file a charge or other formal complaint alleging discrimination
Oposition by threatening to file a charge or other formal complaint alleging discrimination Threatening to file a complaint with the Commission, a state fair employment practices agency,...

OPPOSITION
1. Definition The anti-retaliation provisions make it unlawful to discriminate against an individual because s/he has opposed any practice made unlawful under the employment...

Opposition by complaining to anyone about alleged discrimination against oneself or others
Opposition by complaining to anyone about alleged discrimination against oneself or others A complaint or protest about alleged employment discrimination to a manager, union official,...

Opposition by refusing to obey an order because of a reasonable belief that it is discriminatory
Opposition by refusing to obey an order because of a reasonable belief that it is discriminatory Refusal to obey an order constitutes protected opposition if the individual reasonably...

Opposition by requesting reasonable accommodation or religious accommodation
Opposition by requesting reasonable accommodation or religious accommodation A request for reasonable accommodation of a disability constitutes protected activity under Section 503 of the...

Opposition Must Be Reasonable
The manner in which an individual protests perceived employment discrimination must be reasonable in order for the anti- retaliation provisions to apply. In applying a ''reasonableness''...

Opposition Need Only Be Based on Reasonable and Good Faith Belief
A person is protected against retaliation for opposing perceived discrimination if s/he had a reasonable and good faith belief that the opposed practices were unlawful. Thus, it is well settled...

PARTICIPATION
1. Definition The anti-retaliation provisions make it unlawful to discriminate against any individual because s/he has made a charge, testified, assisted, or participated in any manner in...

Participation Is Protected Regardless of Whether the Allegations in the Original Charge Were Valid or Reasonable
The anti-discrimination statutes do not limit or condition in any way the protection against retaliation for participating in the charge process. While the opposition clause applies only to those...

Party To Be Charged
A charging party can bring an ADA retaliation claim against an individual supervisor, as well as an employer. This is because Section 503(a) of the ADA makes it unlawful for a ''person'' to...

Person Claiming Retaliation Need Not Be the Person Who Engaged in Opposition
Title VII, the ADEA , the EPA, and the ADA prohibit retaliation against someone so closely related to or associated with the person exercising his or her statutory rights that it would...

Person Claiming Retaliation Need Not Be the Person Who Engaged in Participation
The retaliation provisions of Title VII, the ADEA , the EPA, and the ADA prohibit retaliation against someone so closely related to or associated with the person exercising his or her...

Practices Opposed Need Not Have Been Engaged in by the Named Respondent
There is no requirement that the entity charged with retaliation be the same as the entity whose allegedly discriminatory practices were opposed by the charging party. For example, a violation...

PROOF OF CAUSAL CONNECTION
In order to establish unlawful retaliation, there must be proof that the respondent took an adverse action because the charging party engaged in protected activity. Proof of this retaliatory...

PROTECTED ACTIVITY
(1) opposing a practice made unlawful by one of the employment discrimination statutes (the ''opposition'' clause); or (2) filing a charge, testifying, assisting, or participating in any...

Retaliation
Title VII of the Civil Rights Act of 1964 , the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act prohibit retaliation by an employer,...

TEMPORARY OR PRELIMINARY RELIEF
Section 706(f)(2) of Title VII authorizes the Commission to seek temporary injunctive relief before final disposition of a charge when a preliminary investigation indicates that prompt...

The Practices Challenged in Prior or Pending Statutory Proceedings Need Not Have Been Engaged in by the Named Respondent
An individual is protected against retaliation for participation in employment discrimination proceedings even if those proceedings involved a different entity. For example, a violation would...

Time Limits For Bringing The Action
A charging party can challenge retaliation by a respondent even if the retaliation occurred after their employment relationship ended. S/he can also challenge retaliation by a respondent based...

Why Retaliation Is Illegal
Voluntary compliance with and effective enforcement of the anti-discrimination statutes depend in large part on the initiative of individuals to oppose employment practices that they...





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