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Retaliation: FAQs

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in Employment Law,Human Resources

Workplace retaliation claims may arise from numerous federal and state employment laws that forbid actions being taken against employees filing complaints under those laws. Possible forms of retaliation include firing, suspension, demotion, transfer, and even hostile work environments.

1. What is an adverse employment action?

In order to prove retaliation, an employee must prove three elements:

  1. He/she engaged in a protected activity;
  2. An adverse employment action occurred; and
  3. There was a causal connection between the protected activity and the adverse employment action.

What is considered an adverse employment action is one of the most contentious points battled out in court. Some courts have decided that adverse employment actions cover only "ultimate employment decisions," such as termination, demotion, refusal to hire or promote, compensation, and granting leave. But other courts define adverse employmen...(register to read more)

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