Retaliation is rampant. Judges and juries are far more likely to believe retaliation claims than many of the underlying discrimination claims. It is not unusual for an employee claiming race discrimination and retaliation to lose the discrimination yet still prevail on their claim for retaliation.
A retaliation claim generally has three elements: (1) the employee opposed discrimination or took protected activity, (2) the employee suffered adverse action, and (3) the employer took the adverse action because the employee opposed discrimination or took protected activity.
In an ideal workplace retaliation case, the only element at issue is the third element. For example, an employee complains to the EEOC about race discrimination and two weeks later is fired. Clearly the employee engaged in protected activity and suffered adverse action. All that remains is for a jury to find that the complaint was the cause of the termination; which would be logical given the timing.
Of course, if an employee fails to complain or to complain properly, he cannot bring a retaliation claim. This is a compelling reason to contact us as soon as possible, before you suffer an adverse action. We may be able to make sure your concerns are forwarded to HR and/or the EEOC in a way that insures you are protected against future retaliation. If you believe you have been retaliated against or may be retaliated against in the future, please our Texas workplace retaliation attorneys today.