Articles Posted in Retaliation


An individual who wants to bring federal disability discrimination and retaliation claims against an employer can’t just go right to court. No, courts would choke with employment lawsuits.

Instead, she must first exhaust her administrative remedies at the U.S. Equal Employment Opportunity Commission by filing a charge of discrimination. But there’s a little more to it than that. Continue reading


Last night, I read this recent decision from a three-judge panel on the Eleventh Circuit Court of Appeals. It involves a human resources manager who claimed that her current employer fired her after it learned that she had earlier given deposition testimony in a pregnancy discrimination lawsuit against her former employer.

Assuming this to be accurate, did the current employer violate Title VII of the Civil Rights Act of 1964? Continue reading


A plaintiff asserting a retaliation claim against his employer must establish three elements:

  1. A protected activity (such as complaining about discrimination),
  2. A materially adverse employment action (such as a termination of employment), and
  3. A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)

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