What Is Workplace Retaliation?
Protected Activity · Adverse Actions · How to Prove It · What to Do
Workplace retaliation occurs when an employer takes a materially adverse action against an employee because the employee engaged in a legally protected activity. Protected activities include filing an EEOC charge, reporting discrimination or harassment, requesting a disability accommodation, taking FMLA leave, and reporting OSHA safety violations. Adverse actions include termination, demotion, reduced hours, negative reviews, and hostile treatment. In Louisiana, the EEOC deadline for retaliation claims is 300 days.
Written & Reviewed By
Jonathan M. Rhodes
Attorney at Law — The Rhodes Law Firm
Practice Areas: Employment Law — Retaliation, Whistleblower · Last Updated:
Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana
Three Elements of a Retaliation Claim
You engaged in protected activity
Filed an EEOC charge, reported discrimination or harassment internally, opposed discriminatory practices, requested accommodation, took FMLA, or reported safety violations.
Your employer took an adverse action
Termination, demotion, pay cut, hours reduction, negative performance review, hostile treatment, reassignment, or exclusion from opportunities.
There is a causal connection
The adverse action was caused by or motivated by your protected activity. Timing (action shortly after protected activity) is among the most powerful evidence.
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Jonathan M. Rhodes represents Louisiana employees who have been punished for exercising their workplace rights. Free consultation.
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EEOC retaliation deadline: 300 days. Free confidential consultation.