The claim requires protected activity, a materially adverse action, and a causal connection. The adverse action standard is broader than for discrimination, covering anything that might dissuade a reasonable employee from complaining.
Retaliation is actionable even where the underlying complaint fails.
Alternative Names:
Employment Retaliation, Retaliation Cause of Action
Why it Matters?
Retaliation claims now outnumber underlying discrimination claims and are harder to defend, since the protected activity is undisputed and the causation question turns on timing and treatment. An employee whose discrimination claim fails may still prevail on retaliation. The broader adverse action standard also captures conduct that would not support a discrimination claim, including schedule changes, reassignment, and exclusion from meetings.
Frequently Confused with
Related terms
Frequently asked questions
Can retaliation succeed where the discrimination claim fails?
How does the adverse action standard differ?
