Employment Discrimination
Bryan A. Chapman Esquire BA, Dartmouth College Juris Doctor, University of Wisconsin-Madison |
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| Washington, D.C. and the Metropolitan Area |
202 558 6168 bchapman@baclaw.com
| Representing employees in the U.S. federal courts. |
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Retaliation occurs when an employee complains about workplace discrimination (race, sex, national origin, religion, age,
or disability) and is then targeted for harsher treatment by the employer.
Harsher treatment includes, but is not limited to, refusal to hire, demotion, refusal to promote, harassment, negative
performance evaluations, reprimands, termination or a change in hours. The most frequent form of retaliation is
disciplinary action or termination.
A retaliation claim is a separate claim from the underlying discrimination claim. In a lawsuit, a plaintiff can win a
retaliation claim while losing the underlying discrimination claim. In general, retaliation claims are easier to prove than
discrimination claims.
The Supreme Court expanded the scope of retaliation in Burlington N. & Santa Fe Rwy. Co. v. White, 548 U.S. 53
(2006). “[A] plaintiff must show that a reasonable employee would have found the challenged action materially adverse,
which in this context means it well might have 'dissuaded a reasonable worker from making or supporting a charge
of discrimination.’”
To establish a prima facie claim for retaliation, a plaintiff must show:
1. they engaged in protected activity (I complained);
2. the defendant took action that would be "materially adverse to a reasonable employee or
job applicant" (I was treated harshly); and,
3. there is a causal connection between the protected activity and the asserted adverse action (I was
treated harshly because I complained).
or disability) and is then targeted for harsher treatment by the employer.
Harsher treatment includes, but is not limited to, refusal to hire, demotion, refusal to promote, harassment, negative
performance evaluations, reprimands, termination or a change in hours. The most frequent form of retaliation is
disciplinary action or termination.
A retaliation claim is a separate claim from the underlying discrimination claim. In a lawsuit, a plaintiff can win a
retaliation claim while losing the underlying discrimination claim. In general, retaliation claims are easier to prove than
discrimination claims.
The Supreme Court expanded the scope of retaliation in Burlington N. & Santa Fe Rwy. Co. v. White, 548 U.S. 53
(2006). “[A] plaintiff must show that a reasonable employee would have found the challenged action materially adverse,
which in this context means it well might have 'dissuaded a reasonable worker from making or supporting a charge
of discrimination.’”
To establish a prima facie claim for retaliation, a plaintiff must show:
1. they engaged in protected activity (I complained);
2. the defendant took action that would be "materially adverse to a reasonable employee or
job applicant" (I was treated harshly); and,
3. there is a causal connection between the protected activity and the asserted adverse action (I was
treated harshly because I complained).
| Retaliation is the # 1 Discrimination Claim |