How to Prove Retaliation in the Workplace
Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting discrimination, harassment, or illegal workplace practices. Employees who face retaliation may experience termination, demotion, a cut in hours, or other negative consequences. Proving retaliation, however, requires more than just showing that an employee suffered an adverse employment action. Below, we discuss the key elements necessary to establish a workplace retaliation claim and how employees can protect their rights under federal and Florida laws. If you feel that you have been illegally retaliated against at work in Citrus, Marion or Sumter County, contact the law office of James P. Tarquin, P.A., to review your case with a skilled and experienced Ocala employment retaliation lawyer.
Common Protected Activities
To prove retaliation, an employee must first demonstrate that they engaged in a protected activity. Protected activities include, but are not limited to:
- Filing a discrimination or harassment complaint: Reporting unfair treatment based on race, gender, religion, age, disability, or other protected characteristics.
- Opposing discriminatory practices: Speaking out against workplace practices believed to be discriminatory.
- Participating in an investigation or lawsuit: Cooperating as a witness or providing information in a legal or internal investigation.
- Reporting illegal activities: Alerting authorities or management about safety violations, wage theft, or other unlawful behavior.
Simply performing one of these actions is not enough; the employee must reasonably believe that the activity they opposed was unlawful or that their report was valid.
Proving Retaliation: The Three Key Elements
To establish a retaliation claim, an employee must satisfy the following three elements:
1. Engaging in a Protected Activity
The employee must show they engaged in an activity protected by federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), or Florida state laws. For example, filing a complaint about workplace discrimination is a protected activity.
2. Adverse Action by the Employer
The employee must demonstrate that the employer took a materially adverse action against them. This could include:
- Termination or suspension
- Denial of promotions, raises, or benefits
- Unwarranted negative performance reviews
- Changes in job duties that make work conditions intolerable
The adverse action must be significant enough to discourage a reasonable person from engaging in the protected activity.
3. Causal Connection Between the Activity and the Action
Finally, the employee must prove that their protected activity was the cause of the employer’s adverse action. This is often a complex and challenging aspect of the case to prove, requiring the assistance of a skilled and knowledgeable employment law attorney. Some of the ways a causal connection can often be established include demonstrating the following factors:
- Timing: If the adverse action closely followed the protected activity, it may suggest retaliation.
- Statements or conduct: Comments by management linking the protected activity to the adverse action can support a claim.
- Inconsistent treatment: Evidence showing the employee was treated differently from coworkers in similar situations.
Gathering Evidence to Support a Retaliation Claim
Building a strong retaliation case requires solid evidence. Employees can strengthen their claim by:
- Documenting incidents: Keep detailed records of the protected activity, adverse actions, and any interactions with supervisors or coworkers related to the complaint.
- Saving communications: Preserve emails, text messages, or other communications that show retaliatory intent or hostility from the employer.
- Identifying witnesses: Coworkers or other individuals who observed the retaliation may provide critical testimony.
- Requesting performance reviews: Positive performance evaluations before the adverse action can counter claims that the employer acted for legitimate reasons.
Employer Defenses to Retaliation Claims
Employers often argue that adverse actions were unrelated to the protected activity and instead were taken for legitimate business reasons. For example, they might claim the employee was terminated due to poor performance, policy violations, or a company-wide layoff. To counter these defenses, employees must demonstrate that these reasons are pretextual—that is, excuses designed to mask retaliation.
Legal Protections Against Retaliation
Employees in Florida are protected by both state and federal laws. Title VII of the Civil Rights Act, the FLSA, the ADA, and the Family and Medical Leave Act (FMLA) all contain anti-retaliation provisions. Florida’s Whistleblower Act also protects employees who report violations of laws or regulations.
How James P. Tarquin, P.A. Can Help
Proving workplace retaliation can be challenging, but the experienced attorneys at James P. Tarquin, P.A. are dedicated to helping employees in Central Florida fight for their rights. If you believe you have been retaliated against, our team will work to uncover evidence, challenge the employer’s defenses, and build a compelling case on your behalf.
Contact James P. Tarquin, P.A. today by calling 352-401-7671 for a free consultation to learn how we can help you hold your employer accountable for unlawful retaliation.
