What types of employee conduct do the anti-retaliation provisions of the civil rights statutes protect?
The scope of protection is very broad. The anti-retaliation provision of the major federal civil rights statutes protects those who participate in certain proceedings, the ‘participation clause,’ and those who oppose unlawful discrimination, the ‘opposition clause.’ What if an employee is mistaken in the belief that he or she has been discriminated against? A retaliation claim can exist even when a discrimination claim has no merit. The anti-discrimination provisions were designed to protect an employee based on who he or she is. The anti-retaliation provisions, on the other hand, were designed to protect an employee based on what he or she does. An employee doesn’t necessarily have to be right about the existence of discrimination. He or she must only believe, in good faith, that the activity is unlawful. 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 suffe
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