What if an employee files a charge of discrimination and loses. Is he or she fair game for retaliation?
No. Retaliation law protects employees who assert rights protected by law even when the employees turn out to be wrong about whether their rights were violated. So long as employees have a good faith belief that their employer’s conduct is unlawful, they can challenge that conduct protected from retaliation. For example, a salaried employee may complain to the Department of Labor’s (DOL)Wage and Hour Division about her employer’s failure to pay her overtime. If the DOL investigates and concludes that she is not entitled to overtime, she still has right to be free from reprisal for complaining. Similarly, if an employer retaliates against an employee who asks for a reasonable accommodation, it is no defense for the employer if the employee does not prove that he or she is an individual with a disability. So long as the employee had a good faith basis for believing that he or she was entitled to ask for an accommodation, the law prohibits the employer from retaliating against the employe
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?
- What if an employee files a charge of discrimination and loses. Is he or she fair game for retaliation?
- Who represents an individual employee who files a charge?
