Mark Buchanan Law Office

Retaliation

What Are My Rights After I Complain of Discrimination?

Federal and state laws prohibit an employer from retaliating against someone who complains of sexual harassment, age, or race discrimination, based on the terms and conditions of their employment.

There are three essential elements of a retaliation claim:

       1) Protected Activity -- opposition to discrimination or participating as a witness in the complaint process. An informal complaint of discrimination to management is enough.

      2) Adverse Action – such as a demotion, written reprimand, or subjecting the complaining party to heightened scrutiny after the complaint.

       3) Causal Connection between the protected activity and the adverse action

In order for you to be protected against retaliation by state and federal law, your complaint must not be frivolous, and must be made in good faith.

In a retaliation case tried in 2007 against a nursing home, a nurse complained about sexual harassment by a janitor.  The jury returned a verdict in her favor for retaliation, awarding substantial damages for lost wages, and emotional distress.

We can help you take action before the retaliation causes you to lose your job. Contact us to help assure you are protected from illegal retaliation just because you had the courage to complain.