Retaliation: FAQs

Retaliation is prohibited under numerous state and federal laws.  The elements of a retaliation claim are:

1. An individual has engaged in a protected activity;
2. The employer took an adverse employment action against the individual; and
3. There is a causal between the protected activity and the adverse action. 

Here is some need-to-know information all company execs must have to avoid retaliation lawsuits.

• Adverse employment actions don't just include major employment decisions like demotion or termination; decreased responsibilities, lowered performance ratings, failure to accommodate an employee's disability, etc., may also be considered signs of retaliation or a retaliatory motive. Courts have also ruled that a continuous series of small actions can add up to retaliation over time.
• Engaging in a protected activity, such as filing a discrimination ...(register to read more)