Employer Retaliation

State and federal statutes prohibit employers from retaliating against employees who have participated in any government investigations or have opposed any unlawful practices. In order to determine whether an adverse employment action has taken place, the case may require an intensive investigation and analysis, according to a Ft. Lauderdale sexual harassment attorney.

The anti-retaliation provision under Title VII does not protect a worker from normal slights, lack of manners or minor annoyances, says a Ft. Lauderdale sexual harassment lawyer. To demonstrate that an employee’s treatment rises to the level of retaliation, it is important to provide context for an employer’s actions.

For example, an employee who is not invited to lunch by a supervisor might be considered a trivial act and not an act of retaliation says a Ft. Lauderdale sexual harassment lawyer. On the other hand, an employee who was excluded from a lunch training session that offered an opportunity for professional advancement may have been subjected to retaliation. If an employee’s hours were reduced, that may also constitute retaliation depending on the circumstances.

Supreme Court Decision Regarding Retaliation

A Supreme Court case in 2006 (Burlington Northern and Santa Fe Ry. Co. V. White) addressed a division that had taken place in the Circuit Court of appeals regarding an ultimate employment decision. An ultimate employment decision is defined as termination, demotion or failure to hire. At issue was whether an adverse employment action, or retaliation, includes lesser actions such as excluding an employee from important training, says a Ft. Lauderdale sexual harassment lawyer.

The Supreme Court decided that the Title VII anti-retaliation provision goes beyond ultimate employment decisions. Instead, the Supreme Court found that the provision applies to any employer activities that could be considered materially adverse to an applicant or employee.

If you believe that you have been subjected to retaliation by your employer, you may want to speak to a Ft. Lauderdale sexual harassment lawyer. To schedule a confidential appointment with a Ft. Lauderdale sexual harassment attorney, please call the office of Mark J. Berkowitz P.A. at (954) 527-0570.