Legal Definitions - Retaliation "Links to Articles/Legal References"

Retaliation, in a legal context, refers to an adverse action taken against an individual because they engaged in a legally protected activity. This means that an employer or other entity punishes someone for exercising a right or fulfilling a duty that the law safeguards.

A "legally protected activity" can include a wide range of actions, such as reporting discrimination, harassment, or illegal practices; requesting reasonable accommodations for a disability or religious belief; participating in an investigation into such matters; or exercising rights related to wages, safety, or unionization.

An "adverse action" is any negative change in the terms or conditions of employment (or other relationship) that would be significant enough to discourage a reasonable person from engaging in similar protected activities in the future. This could involve termination, demotion, reduction in pay or hours, undesirable transfers, negative performance reviews, or even subtle forms of harassment or exclusion. To prove retaliation, there must be a clear connection showing that the adverse action occurred because of the protected activity.

• Example 1: Reporting Workplace Safety Violations
  An employee at a manufacturing plant observes several serious safety hazards that violate federal regulations. They report these concerns to the Occupational Safety and Health Administration (OSHA). Shortly after OSHA begins an investigation, the employee is suddenly transferred to a less desirable, more physically demanding role in a different department, despite having a strong performance record in their original position. The company provides no clear business justification for the transfer.

  How this illustrates retaliation: The employee engaged in a legally protected activity by reporting safety violations to a government agency. The company's sudden, unexplained transfer to a worse role constitutes an adverse action. If the transfer occurred because of the report to OSHA, it would be considered retaliation.

• Example 2: Requesting Disability Accommodation
  A marketing professional develops a medical condition that requires them to work from home two days a week as a reasonable accommodation. They submit a formal request to their human resources department, providing medical documentation. A week later, their manager, who had previously praised their work, begins to assign them significantly fewer high-profile projects and excludes them from important team meetings, stating they are "less available."

  How this illustrates retaliation: Requesting a reasonable accommodation for a disability is a legally protected activity under disability discrimination laws. The manager's subsequent actions of reducing project assignments and excluding the employee from meetings are adverse actions that could negatively impact their career progression. If these actions are a direct consequence of the accommodation request, it would be considered retaliation.

• Example 3: Testifying in a Discrimination Case
  An employee is subpoenaed to testify as a witness in a former colleague's sexual harassment lawsuit against their shared employer. The employee truthfully testifies about incidents they observed. A few months after the trial concludes, the employee's annual performance review, which has consistently been "excellent" for years, suddenly drops to "needs improvement," citing vague issues that were never raised before. This change impacts their eligibility for a bonus and promotion.

  How this illustrates retaliation: Testifying in a discrimination lawsuit is a legally protected activity. The sudden, unexplained downgrade in the employee's performance review, which affects their compensation and career advancement, is an adverse action. If this negative review was given because the employee testified, it would be an act of retaliation.