How Can You Prove Illegal Retaliation By an Employer
Your rights as an employee only exist to the extent that you can actually enforce them. You cannot be punished by your employer simply because you exercised a legally protected right. A worker who is illegally punished may have a retaliation claim. Notably, proving retaliation can be challenging. It is crucial that you have a strong, well-supported case. Here, our Monmouth County retaliation attorney explains how you can prove that an employer engaged in illegal retaliation in New Jersey.
Retaliation is Prohibited Under Both Federal and New Jersey Law
Retaliation claims in New Jersey arise under both federal and state statutes. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws prohibit employers from punishing employees for engaging in protected activity. At the state level, the New Jersey Law Against Discrimination (LAD), contains an explicit anti-retaliation provision. Notably, the LAD applies broadly to employers in New Jersey and provides robust protection. Courts construe the statute liberally in favor of employees.
Step One: Prove You Engaged in Protected Activity
A retaliation claim requires proof of protected conduct. Protected activity includes filing a discrimination complaint, reporting harassment to human resources, requesting a reasonable accommodation, participating in an internal investigation, or testifying in an employment proceeding. To be clear, an employee does not need to prove the underlying discrimination claim to prevail on retaliation. He or she must demonstrate that he or she had a reasonable, good faith belief that the employer’s conduct violated the law.
Step Two: Establish an Adverse Employment Action
The second element requires proof that the employer took a materially adverse action. Under federal law, an action qualifies if it might dissuade a reasonable worker from engaging in protected activity. In New Jersey, courts apply a similarly employee-protective standard. Termination, demotion, suspension, loss of pay, reduction in hours, reassignment to undesirable duties, and negative performance evaluations may satisfy this requirement. Subtle forms of retaliation also matter. An employer cannot lawfully isolate an employee, strip key responsibilities, or create conditions designed to force resignation.
Step Three: Prove Causation
Causation is the most contested element. The employee must demonstrate a causal link between the protected activity and the adverse action. Direct evidence is rare. Employers seldom admit retaliatory motives. Most cases rely on circumstantial proof. Temporal proximity can support an inference of causation. If an employer terminates an employee days or weeks after a complaint, the timing itself may raise suspicion. However, timing alone is not always sufficient. Courts examine the totality of the circumstances. Evidence of inconsistent explanations, deviation from established policies, or disparate treatment compared to similarly situated employees strengthens the case.
Call Our Monmouth County Retaliation Lawyer Today
At Poulos LoPiccolo PC, our New Jersey employment attorney has what it takes to handle all types of retaliation claims. If you have any questions about how to build and develop a strong case, please do not hesitate to contact us today for a completely confidential initial consultation. We handle retaliation claims throughout all of New Jersey.
