Columbus Employment Retaliation Attorney
Our Columbus employment retaliation attorney is here to discuss the circumstances of your employment to determine if you have a claim for retaliation.
There are multiple federal and state statutes in employment law which protect employees from retaliation. Title VII, for example, prohibits covered employers from retaliating against employees who file charges, testify, report discrimination, or otherwise participate in an investigation against the company.
Anti-Retaliation Participation Clause
If you have participated in an investigation, proceeding or hearing because you filed a claim against your employer for discrimination or harassment, or if you are a witness for a co-worker who filed a claim, you are protected under the participation clause.
You are legally allowed to speak out about unlawful discrimination and answer questions without retaliation during an employer’s internal investigation. For example, if you accompany a coworker to the HR office to file a complaint, you are also protected from retaliation from your employer. In this manner, protection extends to those persons not directly involved in the protected activity.
When an employee seeks to prove their case of employment retaliation under Title VII’s Participation Clause they must generally establish that:
- they engaged in a protected activity
- they subsequently suffered an adverse employment action
- the totality of the circumstances permit an inference of a retaliatory motive
As in employment discrimination cases, the employer then has the burden of showing it had a legitimate and non-retaliatory reason for the adverse employment action. Assuming the employer meets its burden (which it will because no employer is going to admit to retaliating), the employee must then prove that the employer’s stated reason was merely pretexted for its decision.
If you believe you have been retaliated against for your participation in a discrimination or harassment proceeding or investigation, contact our Columbus employment retaliation attorney.
Anti-Retaliation Opposition Clause
Employees are also protected from retaliation for opposing what they believe to be unlawful practices under the Opposition Clause.
In Opposition Clause cases, the employee does not have to prove that the opposed practice was unlawful for the employee to be protected from retaliation. In other words, an employee doesn’t have to prove they have suffered unlawful actions by their employer for the employee to be protected from retaliation for complaining about the actions. Instead, the employee must only reasonably believe they were opposing unlawful action by their employers.
If you believe you have experienced retaliation for opposing an unlawful practice, contact our Columbus employment retaliation attorney.
Contact our Columbus Employment Retaliation Attorney for a FREE consultation
If you have faced retaliation in your employment, it is important to contact a Columbus employment retaliation attorney to determine what you can do to protect yourself and assert your rights. Contact our office with questions about employment retaliation. To schedule a free consultation, call 1-614-949-1181 with a Columbus employment attorney.