What is Retaliation Under the Employment Discrimination Statutes?

An employer is prohibited from taking adverse action against any employee or individual for engaging in “protected activity” under Anti-Discrimination statutes. Adverse actions include, but are not limited to, firing, demotion, refusal to hire or any action which may deter individuals from reporting discriminatory conduct or otherwise engaging in protected activity under discrimination statutes.

What Would Not Be An Adverse Action?

Adverse actions do not include petty slights and annoyances, such as stray negative comments, in an otherwise positive or neutral evaluation, “snubbing” a colleague or negative comments that are justified by an employee’s poor work performance or history.

What Discrimination Actions Have Protection Against Retaliation?

All the laws enforced by the Equal Employment Opportunity or the New Hampshire Commission for Human Rights provide protection against retaliation. The American for Disabilities Act also protect individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights and their encouragement of someone else’s exercise of rights.

What Protections Do I Have if I File a Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

How Do I File a Charge of Discrimination?

Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

How Will My Employment Lawyer Get Paid?

Like most employment law cases, retaliation cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.