NCJ Number
229958
Journal
FBI Law Enforcement Bulletin Volume: 79 Issue: 2 Dated: February 2010 Pages: 25-32
Date Published
February 2010
Length
8 pages
Annotation
This article discusses the issue of retaliation against employees at all levels of government and in the private sector who have been involved in discrimination cases.
Abstract
Federal statutes prohibit discrimination on the basis of race, color, sex, national origin, age, disability, and genetic information. These statutes also prohibit retaliation against individuals that involved claims of discrimination. According to the Equal Employment Opportunity Commission (EEOC), claims of retaliation have increased from 24 percent of discrimination claims filed with the EEOC in 1998 to over 34 percent of claims filed in 2008. This article discusses the activities covered by the antidiscrimination statutes and include: (1) opposing a discriminatory practice, known as the opposition clause, and (2) filing a charge of discrimination or testifying, assisting, or participating in an investigation, proceeding, or hearing regarding a claim of discrimination, known as the participation clause. The article also covers the issue of adverse action which states that "individuals claiming unlawful retaliation must demonstrate that the employer took an adverse action against them." Finally, the article discusses causal connection, the notion that the plaintiff must establish a link between the protected activity and the adverse action. This connection can be established through the use of direct evidence or, more commonly, through indirect or circumstantial evidence. 39 notes