Under Federal law, retaliating against an employee for complaining of discrimination
– or being a witness in another’s claim of
employment discrimination – is prohibited. A recent case examined just how long between the
time an employee complains about an action being discriminatory and when
negative consequences occur supports a claim of
Benuzzi v. Board of Educ. of Chicago, a school custodian testified in a deposition concerning her claims ofgender discrimination. According to court documents, the following day the principal of the
school where she worked issued a “sweeping Notice of Disciplinary
Action citing petty misdeeds that allegedly occurred months ago,”
along with a memorandum restricting her access to the school.
Title VII and other discrimination laws prohibit retaliation in the workplace.
Retaliation doesn’t only include being fired for making a complaint.
It also includes almost any negative action by your employer against you,
and in some cases, a family member or friend. Many times retaliation cases
are easier to win than discrimination cases – you must simply show
that you reasonably believed you were discriminated against and that you
were then subjected to an adverse action.
The Seventh Circuit Court of Appeals determined that although a two month
time span might not support a retaliation claim, the incredibly short
period of time – just one day – between the deposition and
the disciplinary action could give rise to the inference that the two
events were linked, and as a result support a claim of retaliation.
Federal law protects you from adverse employment actions for complaining
about workplace discrimination. If you truly believe you or someone at
work has been discriminated against, you can fight back. For more information,
contact the experienced
Atlanta employment discrimination lawyers at The Buckley Law Firm, LLC for a confidential consultation.