An employee is having a conversation with their supervisor. A supervisor reviews a complaint with an employee. An employee is seated at a desk with a manager having a discussion. An employee is approached by their supervisor in a warehouse.

How are Retaliation Claims Analyzed?

So what do civil rights agencies, plaintiffs' attorneys, and courts look at when an employee complains that they have been the target of retaliation?

  • Did the complaining employee file a complaint or participate in an investigation?
  • Did the employer subject the complaining employee to an adverse action (such as a firing, demotion, or job reassignment)?
  • Is there a causal connection between the protected activity and the adverse action?

In most instances, a causal connection will be raised if the adverse action takes place a short time after the protected activity.