What actions are considered protected activity for the purposes of a retaliation claim?

Author: Shannon C. Johnson

There are two types of protected activity: participation and opposition.

Participation activity includes:

  • Filing a discrimination or harassment claim;
  • Helping a co-worker with a discrimination or harassment claim;
  • Cooperating in a discrimination or harassment investigation;
  • Refusing to be a cooperative witness for the employer; and
  • Requesting a reasonable religious accommodation.

Opposition activity includes:

  • Complaining to anyone about alleged discrimination or harassment;
  • Threatening to file a discrimination or harassment claim;
  • Picketing in opposition to discrimination or harassment; and
  • Refusing to obey an order reasonably believed to be discriminatory.