Orange County Retaliation Lawyer

Retaliation

The Equal Employment Opportunities Commission passed anti-retaliation laws as a way to protect individuals who file charges or complaints against employers who may be participating in illegal practices. According to the EEOC, “a person who files a complaint or charge, participates in an investigation or charge, or opposes an employment practice made illegal by any of the federal employment discrimination law” is protected from retaliation.

Requirements for retaliation claim

In order to establish or prove a case of retaliation, it must be shown that the plaintiff:

• Participated in protected opposition to discrimination
• Subsequently suffered an adverse employment action to above participation
• A causal connection exists between the protected activity and the retaliatory action

Court Decisions

Not wanting to limit what could be considered “adverse action,” courts have yet to strictly define what it is. Depending on which court circuit the retaliation claim is being be prosecuted, some actions taken by an employer against a worker may or may not be viewed as retaliation. One of the big questions that courts are currently grappling with is just how adverse must an employer’s actions be for it to fall under the category of retaliation? How much loss has to be suffered by the employee?

Speak with an Orange County Retaliation Lawyer

If you or someone you know has faced adverse or retaliatory action for making a claim or charge against your employer, you may have the right to recover damages for any losses you suffered. Contact Orange County retaliation lawyer Perry Smith at 888.356.2529 for a free initial consultation.