Protected Activity

Protected Activity

Protected Activity

Opposition covers complaints, objections, and refusals to participate in discriminatory conduct. Participation covers filing charges, testifying, and assisting investigations, and receives broader protection than opposition.

A reasonable good faith belief suffices.

Alternative Names:

Protected Conduct|Statutorily Protected Activity

Why it Matters?

The reasonable belief standard means the underlying complaint need not have merit, so an employee who complained about conduct that was not actually unlawful is still protected if the belief was objectively reasonable. That is why retaliation claims survive the dismissal of the discrimination claim they followed. Participation clause protection is broader still, covering even unreasonable charges filed with an agency.

Frequently asked questions

Must the underlying complaint have merit?

Must the underlying complaint have merit?

No. A reasonable good faith belief suffices, which is why retaliation claims survive dismissal of the discrimination claim.

How does participation differ from opposition?

How does participation differ from opposition?

Participation in agency proceedings receives broader protection, covering even charges that prove unreasonable.