Just as it is illegal to discriminate against an employee, it is also illegal to retaliate against an employee for complaining about discrimination at work. Both formal and informal complaints are protected, regardless of the validity of the original complaint.

“Retaliation” also means a lot more than termination. Recently, the United States Supreme Court issued a decision (Burlington Northern & Santa Fe Railway Co. v. White (June 22, 2006) No. 05-529) stating that Title VII prohibits employers from retaliatory actions that would “dissuade” a “reasonable employee” from making or supporting a charge of discrimination. In that case, the employer placed the employee on an indefinite suspension without pay and reassigned her job duties, giving her job duties that were more arduous and less prestigious than the job duties she performed before she complained about discrimination. The Court held that the suspension and reassignment of job duties constituted retaliation.

If you believe you have been retaliated against for complaining about discrimination, we invite you to contact us today for a free consultation to discuss this and any other employment law questions you might have.