What Is an Adverse Action?
An adverse action is an action taken to try to keep someone from opposing
a discriminatory practice, or from participating in an employment discrimination
proceeding. Even if the prior protected activity alleged wrongdoing by
a different employer, retaliatory adverse actions are unlawful. However,
employees are not excused from continuing to perform their jobs or follow
their company's legitimate workplace rules just because they have
filed a complaint with the EEOC or opposed discrimination.
Who Is Covered?
Covered individuals are people who have opposed unlawful practices, participated
in proceedings, or requested accommodations related to employment discrimination
based on race, color, sex, religion, national origin, age, or disability.
Individuals who have a close association with someone who has engaged
in such protected activity also are covered individuals (employer cannot
terminate an employee because his spouse participated in employment discrimination
Individuals who have brought attention to violations of law other than
employment discrimination are not covered individuals for purposes of
anti-discrimination retaliation laws (a whistleblower who raises ethical,
financial, or other concerns unrelated to employment discrimination are
not protected by the EEOC enforced laws but may be protected by whistleblower laws).
Protected activity includes an objection to a practice believed to be
unlawful discrimination (informing an employer that you have a good faith
belief that the employer is engaging in prohibited discrimination). Participation
in an employment discrimination proceeding. Examples of participation
include the filing a charge of employment discrimination; cooperating
with an internal investigation of alleged discriminatory practices; or
serving as a witness in an EEO investigation or litigation.
If you have any questions about retaliation, call Remer & Georges-Pierre
PLLC for a
free consultation. Our Miami employment law attorneys can be reached at 305.416.5000
or by filling out our
online contact form.