Law Office of Bryan A. Chapman
Employment Discrimination





        






























        

Bryan A. Chapman
Esquire

BA, Dartmouth
College

Juris Doctor,
University
of
Wisconsin-Madison
Employment Discrimination Blog  (click)
Learn about your legal rights and follow DiscrimLawyer on Twitter.
Washington, D.C. and the Metropolitan Area
202 558 6168             bchapman@baclaw.com
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Representing employees
in the U.S. federal courts.
Need representation or legal advice?

Call Bryan Chapman at 202 558-6168
E-mail: bchapman@baclaw.com
"...teacher won a $350,000 jury award..."

"...I just think it was a disgrace, and I think that's what the jury saw,
too," Chapman said."

Washington Post - August 9, 2014
Law Office of
Bryan A. Chapman
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325 Pennsylvania Avenue, S.E. Washington, D.C. 20003
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
).
Retaliation is the # 1  Discrimination Claim