HOW AN EMPLOYEE PROVES THEY HAVE BEEN THE VICTIM OF RETALIATION
October 6th, 2008, 10:19 pm
In order to establish a prima facie case of reprisal, a complainant must show that he or she engaged in activity protected by some state of Federal law. The employee must also demonstrate the employer or supervisor of the employer was aware of the prior protected activity, the employee was subjected to adverse actions or employment decisions, and that the adverse actions or employment decisions occurred within such a period of time that a causal connection between the protected activity and the adverse actions may be inferred. Hochstadt v. Worcester Foundation for Experimental Biology, Inc., 425 F. Supp. 318, aff’d 545 F. 2d 222 (1st Cir. 1976). The employee “must show by a preponderance of the evidence that: (1) [he] engaged in a protected activity as an employee, (2) [he] was subsequently discharged from employment, and (3) there was a causal connection between the protected activity and the discharge.” Hoeppner v. Crotched Mountain Rehabilitation Ctr. Inc., 31 F.3d 9, 14 (1st Cir.1994).
A claim concerning an employee complainting of illegal conduct or discrimination by his employer is one such protected activity. The employee must have a reasonable belief that the practice the employee is opposing violates Title VII or the Massachusetts General Laws. See Sias, 588 F.2d at 696; Bigge v. Albertsons, Inc., 894 F.2d 1497, 1501 (11th Cir.1990) (employee needs to show, in a case involving the opposition clause, that “he opposed an unlawful employment practice which he reasonably believed had occurred or was occurring”).
When an employee is opposing practices made unlawful by Title VII outside of the context of any administrative or judicial proceeding, such activity is only protected if the employee has a good-faith or reasonable, even if mistaken, belief that there is a Title VII violation against him or her or against a third party.
Furthermore, the employee’s claim of retaliation may succeed even if the underlying claim of harassment fails. Bain v. Springfield 678 N.E.2d 155; Abramian v. President & Fellows of Harvard College, 432 Mass. 107. “Complaining to management or filing an internal complaint of harassment,” or “meeting with co-workers to discuss how to stop sexual harassment in the work place can trigger the protections of c.151B.” Ritchie v. Dept. of State of Police, 60 Mass.App.Ct.655, 665 (2004).
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BloggerPal said,
November 7th, 2008, 5:32 pm
Retaliation is frown upon by law. Thus, an employee is protected from it and allowed to recover when proven to exist. The employee must only prove and allege certain facts to recover damages.
Bourguignon Law said,
June 17th, 2011, 6:29 pm
I wonder if employment lawyers believe the employee has a high hurdle. The standard seems to be tough to meet at a trial.
gaboy912 said,
December 13th, 2011, 12:25 am
everything these days,seems to be either over or under rated at best,there are a lot of things that go on in the work place that gets little or no attention because,the victim feels they will loose their jobs and who can afford to be unemployeed these days.
My situation is a combonation of what i feel is truly violation(s) noticed i placed an s at the end of violation.
i reported an incident that envolved a member of upper management,when refering to two African American women the manager stated ” Those two women are basicaly PUTTING THE NOOSE AROUND THEIR NECKS ” a clear refernce to the two African American women hanging.
after that it seems as if i became a different employee, reporting the incident has clearly put me in a different space, not considered for promotions,frequently being not considered for promotions, being called P Diddy,Pimp becaused of the way i dressed,called into the office to be questioned by an outside firm for a he said she said statement that envolved the same Manager that made the racist reference.
I have been Subjected to seeing a therapist for the last 2 1/2 years because of emotional and mental issues deriving from anxiety and depression,a few Panic attacks,that resulted in me being prescribed medication(s).
need to find out if i would be able to be compensated.