A Bronx Employment Law Lawyer Discusses Retaliation

Did the Employer Retaliate?

Your Bronx employment law lawyer can tell you that an individual who objects to any illegal employment practice and/or is involved in an investigation instigated by the federal or state government, or that proceeds under Title VII or under a state statute for fair employment practice, is protected against retaliation.

Was Any Employment Action of an Adverse Nature Taken?

Bronx employment law lawyerWhen evaluating a case involving retaliation, your Bronx employment law lawyer will advise that a consideration must be made as to whether or not employment action of an adverse nature was taken against the employee.

One case (Burlington Northern and Santa Fe Ry. Co. v. White)—determining whether or not the conduct of an employer that fell short of being an “ultimate employment decision” (i.e., the employer failed to demote, terminate or hire) constituted adverse employment action—received a split decision in the Circuit Courts of Appeal. The Supreme Court took on the case in 2006 and affirmed that Title VII’s anti-retaliation provision was not limited to “ultimate employment decisions.” Instead, as your Bronx employment law lawyer can tell you, the Court stated that the provision covered actions of an employer that would be considered “materially adverse” for a reasonable applicant or employee.

Your Bronx employment law lawyer can inform you that the Supreme Court admonished the inability of Title VII to protect employees from commonplace minor annoyances, petty slights and the absence of considerate manners, while recognizing that an intensive analysis of the facts will usually be required to determine retaliation claims. According to the Court:

“We phrase the standard in general terms because the significance of any given act of retaliation will often depend upon the particular circumstances. Context matters. . . . A schedule change in an employee’s work schedule may make little difference to many workers, but may matter enormously to a young mother with school age children. . . . A supervisor’s refusal to invite an employee to lunch is normally trivial, a nonactionable petty slight. But to retaliate by excluding an employee from a weekly training lunch that contributes significantly to the employee’s professional advancement might well deter a reasonable employee from complaining about discrimination.”

Retain the Legal Counsel of a Bronx Employment Law Attorney

A Bronx employment law attorney will advise that determining whether or not retaliation occurred can be difficult to ascertain. A thorough knowledge and understanding of relevant law is necessary. If you would like to speak with an experienced Bronx employment law lawyer about possible retaliation in your case, please contact the Law Office of Delmas Costin, Jr. at 718-618-0589 to schedule a free consultation.

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