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What Is Retaliation?
Retaliation is often identified when anyone, including management, takes any disciplinary action or makes any attempt to "get even with" anyone who opposes a management practice that was unlawful. It can also occur:
- When an individual reasonably believes that an employment practice was unlawful. This is called opposing an employment practice.
- When a person exercises his or her right to a public policy which was granted to them by law by filing a complaint, testified in court, assisted or participated in any way or in any manner during an
investigation, proceeding or hearing conducted by the EEOC or similar federal or state agency. This is called participation.
Comment
Attorneys tell us that it is easier to win a case involving retaliation than other harassment or discrimination matters. Retaliation can also be classified as an adverse employment action.
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