Punishment of an employee by an employer for engaging in legally protected activity such as making a complaint of harassment or participating in workplace investigations. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment.Category: Employment Law & HR → Employee RightsCategory: Employment Law & HR → Human Resources
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
USAIn the employment context, taking adverse employment action against an employee because they engaged in certain activity protected by law. Conduct constituting protected activity varies by statute. Some examples include:•Lodging an internal complaint alleging discriminatory or other unlawful conduct by the employer.•Filing an administrative complaint or lawsuit alleging discriminatory or other unlawful conduct by the employer.•Whistleblowing.•Testifying in opposition to alleged unlawful activity by an employer.An adverse employment action sufficient to support a retaliation claim varies by jurisdiction and statute, but typically includes:•Termination of employment.•Demotion.•Reduction of work hours.•Reassignment to a less desirable position or duties.Federal laws prohibiting retaliation include:•Section 1981 of the Civil Rights Act of 1866 (Section 1981) (42 U.S.C. § 1981).• Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C. § 4311).Many state statutes regulating the employment relationship also prohibit retaliation by employers.For more information, see Practice Note, Retaliation (www.practicallaw.com/5-501-1430).
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.