Retaliation Claims: Sometimes Worse Than the Original Discrimination Claim
A recent case in the Third Circuit demonstrates the dangers of retaliation claims under federal discrimination law. According to this interesting article by the folks at Littler:
"...a cause of action predicated upon a hostile work environment is cognizable under the anti-retaliation provisions of Title VII, 42 U.S.C. §2000e-3(a). In doing so, the Third Circuit weighed in on a circuit split by joining a majority of courts of appeals that have recognized such a cause of action."
In addition,
"This holding was grounded in the court's prior recognition that "retaliatory conduct other than discharge or refusal to hire violates Title VII when it alters the employee's compensation, terms, conditions, or privileges of employment, deprives him or her of employment opportunities or adversely affects his or her status as an employee." The court then noted that a discrimination claim founded on a hostile work environment is well-established based on the "notion that discriminatory ridicule or abuse can so infect the workplace that it alters the terms and conditions of an employee's workplace." It logically follows that, since harassment can be severe or pervasive enough to alter the terms or conditions of employment under the anti-discrimination provision of Title VII, the same must be true under Title VII's anti-retaliation provision."
I often tell people that it's not enough to have only prompt remedial action. You need to be aware of what's going in the workplace to be able to notice ongoing activity which can be construed as retaliation. Check up with the complainant some time after an investigation is over to make sure he/she is not being subjected to retaliation.