What Can an Employer Do to Retaliate Against an Employee Who Has Filed a Discrimination Complaint?
It is prohibited by law for an employer to fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex or religion, national origin, age and disability, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in employment discrimination. However, the protections for employees against retaliation are even greater than they are for discrimination. Last year, the Supreme Court of the United States expanded the protection for employees by ruling that “retaliation” not only includes actions such as firing, demoting or other tangible actions, but any action that would dissuade a reasonable person from participating the EEOC process. This added protection now can also include actions such as job transfers or even reduced responsibility at the same position.
