EEO - Retaliation: Federal
EEO - Retaliation requirements by state
Authors: Elizabeth Clarke, James Anelli and Michael Gardner
- Title VII is the primary source of protection against retaliation, and it is enforced by the Equal Employment Opportunity Commission (EEOC). See Governing Law.
- Retaliation occurs when an employer, employment agency or labor organization takes an adverse action against an individual because he or she engaged in protected activity and there is a causal connection between the protected activity and the adverse employment action See Establishing a Retaliation Claim.
- There are two types of protected activity - participation and opposition. See Protected Activity.
- In order to prove a materially adverse action, an individual must show that the employer's action would have been materially adverse to a reasonable employee by potentially dissuading a reasonable worker from making or supporting a charge of discrimination. See Adverse Employment Action.
- An individual must establish a causal connection between the protected activity and the adverse action. See Causal Connection.
- Employers can defend against a retaliation claim by showing that they would have taken the adverse employment action even if the employee had not participated in a protected activity. See Defending a Claim of Retaliation.
- An employer may adopt many practices to manage and prevent retaliation including polices, training, support and follow up. See Managing and Preventing Retaliation.
- An individual may recover various remedies in connection with a retaliation claim. See Remedies.
The following states have additional requirements for this topic under applicable state law.
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- Rhode Island
- South Carolina
- South Dakota
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- District of Columbia
- North Dakota
- West Virginia