Retaliation is Unlawful, but Proving it Can Be Challenging
The Equal Employment Opportunity Commission (EEOC) explains that retaliation happens when an employer “treats applicants, employees or former employees, or people closely associated with these individuals less favorably based on the fact that they exercised a right.” Federal and state labor laws protect workers against retaliation, but it can be quite challenging to prove. Here, our New Jersey retaliation attorney explains the key things to know about proving retaliation.
Understanding the Basics: Retaliation is Punishment Based on a Protected Activity
To prove retaliation, the first step is establishing that you engaged in a “protected activity” under either federal law or New Jersey law. Some of the most common examples of protected activities include filing a discrimination complaint, reporting harassment, requesting reasonable accommodation, and participating in an internal investigation. The law is broad: Employees are shielded whether the complaint is made directly to management, to the EEOC, or to another regulatory body. In fact, even informal opposition to unlawful conduct can qualify. For example, if a worker at a company in Monmouth County tells a supervisor that a comment was racially inappropriate, that statement may be considered protected.
You also Need Evidence of Adverse Employment Action
The second element in proving retaliation is demonstrating that your employer took some form of “adverse employment action” against you. To be clear, this does not only mean termination (though that certainty qualifies). Adverse actions can include demotions, loss of hours, denial of promotions, unwanted reassignments, or sudden negative performance reviews. In some cases, even subtler acts (maybe the exclusion from an important meeting) may qualify if they would reasonably discourage a person from asserting their rights. To strengthen your claim, it is best to keep a detailed timeline of any sudden changes in your employment conditions.
The Real Challenge: Establishing the Causal Connection
In most retaliation cases, there is actually not a big dispute over whether the employee engaged in a protected activity. Likewise, there is often not much conflict about whether there was an adverse action. It is the third legal element that is the most challenging aspect of a retaliation case. You need to prove a causal link between your protected activity and the adverse action. Employers often argue that negative employment decisions were based on performance, restructuring, or other legitimate business reasons.
Timing can be key: If the retaliation occurs shortly after you file a complaint, that close proximity may support your claim. Still, timing alone is not enough. Other types of evidence may include inconsistent explanations from management, sudden changes in documented performance history, or evidence that other employees who did not engage in protected activity were treated more favorably. Evidence is a must. Witness testimony and internal records can help to support your case. An experienced New Jersey workplace retaliation lawyer can help you gather and prepare all supporting evidence to build the strongest possible claim.
Contact Our New Jersey Workplace Retaliation Attorney Today
At Poulos LoPiccolo PC, our New Jersey employment attorney has the skills and experience to handle workplace retaliation cases. If you have any questions about your rights or your options, please do not hesitate to contact us today for a fully confidential consultation. Our firm provides employment law representation throughout New Jersey.
Source:
eeoc.gov/employers/small-business/8-what-retaliation-and-how-can-i-prevent-it
