What Is Meant By Retaliation?
If an employee is punished by an employer for taking part in an activity which is legally protected, then retaliation may have taken place. Any negative job action such as discipline, demotion, wage cuts, firing or job reassignment would also be included under the definition of retaliation. Retaliatory actions of an employer can be obvious, such as where an employee is fired immediately after being a witness for a plaintiff to harassment on the job. But there are other times when it is more subtle. In these situations the entire circumstances must be examined according to the U.S. Supreme Court. For instance, it may not be problematic for all employees to be transferred or for their shift to be changed. However, in the case of a individual employee with young children, such a change could have a huge negative impact. Essentially, if the actions of the employer would prevent a reasonable person in the same situation from making a complaint then it amounts to illegal retaliation.
