Understanding Unlawful Retaliation
What is Unlawful Retaliation?
Unlawful retaliation occurs when an employer takes adverse action against an employee who has engaged in legally protected activities, such as complaining about discrimination or sexual harassment. These actions can include termination, demotion, salary reduction, or other negative employment decisions that would discourage a reasonable person from making a complaint.
Hypothetical Scenario:
Emily, an employee at ABC, Inc., attended a mandatory diversity training session where she noticed several sexist remarks made by the trainer. Disturbed by these comments, Emily decides to address the issue through multiple complaints.
Protected Activities:
- Informal Verbal Complaint: Immediately after the session, Emily discusses her concerns with her supervisor, Mark, during a casual conversation. She points out the sexist remarks and expresses her discomfort, emphasizing the need for a more respectful training environment.
- Informal Written Complaint: Following the verbal complaint, Emily sends an email to Mark the same day. In the email, she documents the specific remarks she found offensive and asks for assurance that such incidents won’t recur, subtly reminding Mark of the company’s commitment to an inclusive workplace.
- Formal Written Complaint: A week later, with no visible action taken and the same trainer scheduled for upcoming sessions, Emily files a formal complaint through the company’s HR department. This document formally cites the incidents from the training, references the company’s non-discrimination policies, and calls for immediate corrective measures.
While each of the above activities is likely protected under the law, it is important to make sure that your complaint is in writing so that there is a clear record of your protected activities.
Employer’s Awareness: Mark responds to both the informal and formal complaints, acknowledging them during meetings and in written communications. HR also confirms receipt of Emily’s formal complaint and informs her that an investigation will be initiated.
Adverse Employment Action: Despite these assurances, two weeks after her formal complaint, Emily is abruptly terminated from her position. The reason provided in her termination letter is vaguely related to “organizational restructuring,” but no other employees are laid off or reassigned at that time.
Causal Connection: The termination of Emily’s employment shortly after her series of complaints, particularly following her formal written complaint, strongly suggests a retaliatory motive. The lack of other layoffs and the timing of her dismissal indicate a direct link between her protected activities and the adverse employment action. The pretext of organizational restructuring, used in isolation of other restructuring actions, further supports the likelihood of retaliation.
Legal Implications
Emily’s termination following her complaints against sexist remarks at a diversity training likely constitutes unlawful retaliation under anti-retaliation laws. The clear temporal proximity between her formal complaint and her abrupt dismissal, especially given the pretext of “organizational restructuring” that involved no other layoffs, strongly indicates retaliation. If her retaliation claim succeeds, Emily could be entitled to reinstatement, back pay, emotional distress compensation, and potentially punitive damages, emphasizing the substantial recovery Emily may be entitled for the unlawful retaliation she suffered.
How We Can Help
If you believe you’ve been retaliated against, Crabill PLLC can help by:
- Reviewing the specifics of your situation;
- Providing legal counsel on potential claims;
- Helping you draft a complaint that triggers the protections of the anti-retaliation laws; and
- Representing you in legal proceedings to hold your employer accountable for the unlawful retaliation you experienced.
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If you’re facing retaliation at work, don’t wait. Contact us today to protect your rights and ensure that your courage in standing up against discrimination is not met with unjust punishment