Can an employee cite discrimination against another employee as a reason for retaliation?
Yes. If an employee has an objectively reasonable good-faith belief that he or she has suffered a ‘materially adverse’ employment action by opposing the alleged discriminatory conduct or by participating in a formal investigation, he or she may maintain a claim for retaliation. What types of employer conduct can support a claim of retaliation? The types of conduct that can give rise to a retaliation claim have broadened considerably in recent years. Obviously, conduct that directly affects the terms and conditions of one’s employment like discipline, demotion and/or discharge can support a claim of retaliation in some cases. The anti-retaliation provisions now also include conduct outside the confines of the employment relationship that a reasonable employee would find to be materially adverse. So any action that might dissuade an employee from making or supporting a charge of discrimination may support a claim of retaliation. In one instance, the Supreme Court ruled that an employee’s
Related Questions
- Can an employee who was disciplined for filing a discrimination claim and then restored to her position, with back pay, pursue a retaliation claim against her employer?
- Can an employee cite discrimination against another employee as a reason for retaliation?
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