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Key elements of an employment retaliation claim

On Behalf of | Jan 22, 2018 | Workplace Discrimination

No one should have to encounter discrimination or harassment in the workplace. However, when it does occur, individuals may be scared to come forward for fear of facing negative consequences at work.

Those who still choose to stand up and those who encounter retaliation from an employer may be able to file a claim. In such cases, there are a few key elements to be aware of.

Identifying retaliation

When looking to identify retaliation, individuals should be sure to consider forms accepted by the courts. Some of the most common forms of retaliation include:

  • Demotion
  • Physical or verbal abuse
  • Increasingly difficult workload
  • Termination

The Equal Employment Opportunity Commission provides a list of these and other types of retaliation. To prove this, individuals must collect the proper evidence, such as eyewitness statements, documentation, and recordings. It may be beneficial to have an attorney assist in deciding what is and obtaining the right evidence.


Having a record of filing a report of discrimination or harassment is the first and most important step of a retaliation claim. It is a protected action, so individuals should not be afraid to do so. However, if employees are too scared to report an instance of discrimination or harassment against themselves, another employee who witnessed the act may also report it.


A crucial part of the claim process is drawing a solid connection between the individual filing the report and the employer’s negative actions. Many times, employers will try to minimize or even deny the accusations. Therefore, it is essential that workers have the proper evidence to make a claim stick by gathering as much evidence as possible.

As you can see, there are several important elements of the retaliation claim process. To ensure you create a successful claim, it may be helpful to review the claim process. If you have any further questions, consider consulting with an attorney.