Image of What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment?

What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment?

The anti-retaliation provision of Title VII proscribes not only tangible employment actions, such as termination of employment, but also any act that would “have dissuaded a reasonable worker from making or supporting a charge of discrimination.”  Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 52, 68 (2006).  Note that retaliatory harassment does not require a showing that the harassment was severe or pervasive.

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.

Eric Bachman litigates employment discrimination and whistleblower retaliation cases. He can be reached at (202) 769-1681 and [email protected]. Bachman is Chair of the discrimination and retaliation Practices at Zuckerman Law. Previously, Bachman served as Special Litigation Counsel with the U.S. Department of Justice’s Civil Rights Division, and a Deputy Special Counsel with the U.S. Office of Special Counsel.