Ending Internal Discrimination Probe May Be Retaliation

Law360, New York (February 1, 2008, 12:00 AM EST) -- Retaliation against an employee who files a claim or complaint of discrimination under federal or state anti-discrimination laws is, in and of itself, a discriminatory act under the relevant statutes.

Title VII of the 1964 Civil Rights Act makes it illegal to “discriminate against” an employee because that employee “opposed any practice” proscribed by the statute, or made a claim or complaint of discrimination, or assisted a Title VII proceeding or investigation. 42 U.S.C. § 2000e-3a.

What, in fact, constitutes “retaliation” by an employer?

Since a...
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