Often, workers fear complaining about work place harassment because they
think they may be fired or face retaliatory conduct. The good news is
that federal and state anti-discrimination laws have been written to protect
employees from just that type of conduct. In fact – retaliation
claims may be easier to prove than the underlying discrimination claims.
Retaliation includes not only conduct such as hiring and firing, but also
any negative workplace actions such as moving you to less desirable work
shifts or location, or denying you deserved promotions.
If you have any questions concerning retaliation, or believe that you have
been retaliated against for complaining about workplace harassment, it’s
a good idea to consult with an experienced
Atlanta employment retaliation attorney right away.
A recent 6th Circuit Court of Appeals case,
Montell v. Diversified Clinical Services, looked at whether a female program director who was told to “resign
or be fired” the day after she filed a sexual harassment claim could
bring a claim for harassment.
In this instance, the court considered a few factors in determining that
she could bring her claim. First, she was told to resign a day after she
complained about the harassing behavior. The Sixth Circuit has previously
found that temporal proximity alone can be sufficient evidence of causation,
especially when adverse employment action occurs “very close in
time” to protected activity. Further, where temporal proximity alone
is not enough to establish causation, combining temporal proximity with
other evidence of retaliatory conduct can show a causal connection. Here,
not only did the alleged retaliatory action occur close in time to the
protected activity, but several other actions existed support her claim.
For example, her supervisor telling others that the woman had resigned
from her job before she had, undermining the woman’s ability to
stay employed should she wish to do so.
Taken as a whole, the court determined that these actions were sufficient
to state a claim for retaliation.
Employment discrimination laws exist to protect employees. As a result,
it is critical that workers who feel they have been treated unfairly can
complain without fear of retribution.
For more information or if you believe you have been retaliated against
at work, please contact the top
Georgia anti-employment discrimination lawyers at The Buckley Law Firm, LLP for an immediate consultation.