Title VII of the Civil Rights Act of 1964 is one of the most significant laws governing employment in the United States. It protects employees from discrimination based on race, color, religion, sex, and national origin. In addition to prohibiting discrimination, the Act also safeguards employees from Title VII retaliation. This refers to harmful actions taken by an employer against an employee for participating in a legally protected activity, such as filing a discrimination complaint or testifying in a discrimination case. It is essential for both employees and employers to understand and uphold these protections to ensure a fair and lawful workplace.
What Is the Definition of Retaliation Under Title VII?
Retaliation under Title VII includes punishing an employee for engaging in a protected activity. This would consist of any negative action against the employee concerning:
- Termination or demotion;
- Pay reduction;
- Denial of promotions or benefits;
- Unfavorable work assignments;
- Harassment or hostile work environment.
In order to be able to prove retaliation, the employee will have to show:
- Engaged in a Protected Activity – The employee opposed discrimination or participated in a related proceeding;
- Adverse Action Taken – The employer took a negative employment action against the employee;
- Causal Link – A connection exists between the adverse action and the employee’s protected activity.
Protected Activities Under Title VII Concerning Employees
Employees are protected when they engage in:
- Filing a discrimination or harassment complaint;
- Participating in an EEOC investigation;
- Reporting discriminatory practices within the company;
- Refusing to engage in discriminatory acts; and
- Assisting others in discrimination claims.
Examples of Workplace Retaliation
Retaliation may take on forms that are both direct and subtle. Some common examples include:
- An employee whose complaint alleges a gender-based discrimination incident gets fewer hours of work.
- An employee who testifies about discrimination in a coworker’s lawsuit may later receive unmerited poor evaluations.
- An employee files a complaint about harassment but finds that their supervisor is deliberately excluding them from meetings and the decision-making process.
How Employers Violate Title VII
Employers may violate Title VII in clear-cut situations or due to poorly constructed internal policies. Some examples of common violations of Title VII include:
- Terminating employees immediately after they report an incident of discrimination.
- Issuing unwarranted poor performance reviews following a discrimination complaint.
- Reassigning an employee to less favorable shifts or locations in retaliation.
- Creating an abusive working environment to compel the employee to resign.
Legal Remedies That A Retaliation Victim May Seek
Retaliation victims have many legal remedies, including:
- Filing an EEOC Complaint: The wheels of justice typically turn slowly at the very beginning when an employee first files a charge with the EEOC, which proceeds to investigate the claim and may engage in mediation to resolve it.
- Taking Action in the Lawsuit. If the EEOC views the case as worthy of its attention, an aggrieved employee may find themselves being set upon by the employer in federal-level litigation.
- Pursues Remedies – A victim of retaliation may be afforded remedies, including reinstatement, back pay, front pay, compensatory damages, and attorney fees. The EEOC’s Role in Retaliation Claims
Proving Retaliation: Legal Standards & Burden of Proof
To win a retaliation claim, the employee must provide evidence that:
(1) he or she engaged in a protected activity.
(2) the employer took adverse employment action.
(3) the protected activity was the direct reason for the adverse action.
In their defense, the employer can argue that the action was taken for legitimate reasons that had nothing to do with the protected activity.
Employer Defences Against Retaliation
The employer’s defense against retaliation suggests that:
- That adverse action taken was not connected with an employee’s grievance.
- That performance issues justified taking action against the employee in question.
- There is no direct link between exercising rights and the action taken against the employee.
Employers should keep detailed records of every issue involving either retaliation or intervention against unfair practices to support their defense.
Strategies to Prevent Retaliation in the Workplace
Employers can enact policies to avoid retaliation by:
- Formulating clear anti-retaliation policies.
- Training managers and HR personnel on Title VII requirements.
- Promote open communication and fairly address complaints.
- Be aware of retaliatory conduct that may occur after an employee files a complaint.
Conclusion
The protections provided by Title VII retaliation law guarantee equal treatment for every workplace. Every employee must have access to free and secure platforms to report concerns about discrimination without facing retribution. Employers are also responsible for protecting Title VII protections and maintaining security and compliance within their work environment. The law firm of McCurdy & Eichstaedt, P.C. offers consultations for retaliation claims, which you can schedule today by contacting.