The following is not meant to be legal advice.
Thomas Walker, an attorney in
People know when they are treated unfairly. When a person is able to get in front of a jury, the jury knows what is meant by unfair. An attorney may bring a discrimination claim based on retaliation. The retaliation does not need to focus on the discrimination that took place. The plaintiff may not be able to prove all the elements for discrimination.
An example would be when a person reports something and afterwards the person is materially adversely affected. For instance, an employee questions why another person is terminated. The questioning is considered protest, and the employee becomes a victim of retaliation. The employee may be suspended, put on less attractive schedules, or something else changes in his/her employment that is detrimental. Not being invited out to lunch where there are team meetings may also be considered a material employment change.
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