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?
A. Yes. Retaliation claims focus on the employers conduct, not the actual consequences. Therefore, if the conduct upon which the claim is based is sufficiently harmful to discourage any employee from pursuing a discrimination claim, the aggrieved employee may have a basis for a retaliation claim, even if she was restored to her previous position.
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