What is Retaliation?
Discriminatory retaliation occurs when an employer, organization, or individual takes an adverse action against a person because they engaged in a protected activity related to discrimination laws.
What is an Adverse Action?
An adverse action is any action that could deter a reasonable person from engaging in protected activity (e.g., termination, demotion, harassment, threats).
What is Protected Activity?
Protected activity includes, but is not limited to, filing or being a witness in an EEO charge, complaint, investigation, or lawsuit; communicating with a supervisor or manager about employment discrimination based on a protected class (e.g., race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability) including harassment; answering questions during an employer investigation of alleged harassment; refusing to follow orders that would result in discrimination; resisting sexual advances, or intervening to protect others; requesting accommodation of a disability or for a religious practice; or asking managers or co-workers about salary information to uncover potentially discriminatory wages. Personality conflicts and disagreements over managerial decisions do not qualify as protected conduct.
Although retaliation is prohibited, filing a complaint or reporting discrimination does not relieve you of your responsibility to perform your job or follow legitimate workplace policies. Your employer still has the right to expect you to meet your job duties and comply with established rules.