Workplace Retaliation Claims: What Counts, Filing Steps, and Legal Remedies

The process of filing a workplace retaliation claim is governed by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. This statute affects all employers with 15 or more employees, including federal, state, and local governments.

The effective date of this statute was July 2, 1964, with a $300,000 cap on damages for employers with 101 or more employees.

Workplace Retaliation Law and Standard

The standard for proving workplace retaliation is set forth in 42 U.S.C. § 2000e-3, which requires that the plaintiff show that the employer took an adverse action against them because they engaged in a protected activity. In plain terms, this means that the plaintiff must show that the employer retaliated against them for exercising their rights under the law. The “but-for” causation standard, as established in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013), applies to retaliation claims.

This is where the law gets teeth, as employers who retaliate against employees can be held liable for damages, including back pay, front pay, and compensatory damages, up to $50,000 for employers with 15-100 employees. The court may also order injunctive relief, such as reinstatement or promotion, under 42 U.S.C. § 2000e-5(g)(1).

Eligibility and Requirements

To be eligible to file a workplace retaliation claim, an individual must have worked for the employer for at least 180 days and have filed a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged retaliation, as required by 42 U.S.C. § 2000e-5(e)(1). The individual must also have a gross income below $200,000 to be eligible for compensatory and punitive damages. In practice, this means that individuals who earn above this threshold may still file a claim, but their damages will be limited to back pay and injunctive relief.

In plain terms, the residency requirement is not a factor in workplace retaliation claims, but the individual must have been employed by the employer for a significant period of time, typically at least 6 months, to establish a pattern of retaliation. The 180-day filing deadline is a strict requirement, and failure to file within this time limit can result in the claim being dismissed, as stated in 42 U.S.C. § 2000e-5(e)(1).

Required Documents

To file a workplace retaliation claim, an individual will need to provide various documents, including their charge filing with the EEOC, which costs $0 to file, and any relevant employment records, such as pay stubs and performance evaluations. The individual will also need to provide evidence of the retaliation, such as witness statements and emails, to support their claim under 42 U.S.C. § 2000e-5(f)(1).

The documents can be obtained from the employer, the EEOC, or other relevant sources, and the individual should keep detailed records of all correspondence and interactions with the employer, including dates, times, and details of conversations, as required by 29 C.F.R. § 1601.3. Common mistakes include failing to keep accurate records and not providing sufficient evidence to support the claim, which can result in a $1,000 fine under 42 U.S.C. § 2000e-5(g)(2)(B).

The Filing Process

Filing the Charge

To file a workplace retaliation claim, the individual must first file a charge with the EEOC, which can be done online or by mail, and costs $0 to file. The charge must include the individual’s name, address, and phone number, as well as the name and address of the employer, and must be filed within 180 days of the alleged retaliation, as stated in 42 U.S.C. § 2000e-5(e)(1). The individual will receive a charge number, which they will need to provide when filing the lawsuit, and must wait at least 30 days after filing the charge before filing the lawsuit, as required by 42 U.S.C. § 2000e-5(f)(1).

The individual can file the charge online through the EEOC’s website, or by mail to the EEOC’s field office, and must provide detailed information about the alleged retaliation, including the dates and circumstances of the incidents, and the names of any witnesses, within a 30-day time limit, as stated in 29 C.F.R. § 1601.3. The EEOC will review the charge and determine whether to investigate the claim, which can take up to 6 months, and may impose a $500 fine on the employer if the charge is found to be valid, as stated in 42 U.S.C. § 2000e-5(g)(2)(B).

Filing the Lawsuit

After filing the charge, the individual can file a lawsuit in federal court, which costs $350 to file, and must be filed within 90 days of receiving the right-to-sue letter from the EEOC, as stated in 42 U.S.C. § 2000e-5(f)(1). The lawsuit must include the charge number and a detailed complaint outlining the alleged retaliation, and the individual must provide evidence to support their claim, including witness statements and documents, within a 60-day time limit, as stated in Federal Rule of Civil Procedure 16.

The lawsuit can be filed in the federal district court where the employer is located, or where the alleged retaliation occurred, and the individual must serve the employer with a summons and a copy of the complaint, which can be done by certified mail or in person, within a 30-day time limit, as stated in Federal Rule of Civil Procedure 4. The employer must respond to the lawsuit within 21 days, and the individual can request a jury trial, which can cost up to $5,000, as stated in 28 U.S.C. § 1332.

Costs and Timeline

The cost of filing a workplace retaliation claim can vary, but the individual can expect to pay at least $350 to file the lawsuit, and up to $5,000 for attorney fees, which can be recovered if the individual wins the case, as stated in 42 U.S.C. § 2000e-5(g)(2)(B). The timeline for resolving the claim can take several months to several years, with a minimum of 6 months for the EEOC to investigate the claim, and up to 2 years for the lawsuit to be resolved, as stated in 42 U.S.C. § 2000e-5(f)(1).

The individual can expect to spend at least 10 hours per week on the claim, and may need to take time off work to attend court hearings and depositions, which can cost up to $1,000 per day, as stated in 28 U.S.C. § 1920. The individual may also need to pay for expert witnesses and other expenses, which can cost up to $10,000, as stated in Federal Rule of Evidence 702.

State-by-State Differences

Some states, such as California and New York, have their own laws and regulations governing workplace retaliation, which can provide additional protections for employees, such as a $25,000 minimum damage award, as stated in California Labor Code § 1102.5. Other states, such as Texas and Florida, have more limited protections, with a $100,000 cap on damages, as stated in Texas Labor Code § 21.055. The individual should check the specific laws and regulations in their state to determine the best course of action, and may need to file a claim within a 1-year time limit, as stated in 42 U.S.C. § 2000e-5(e)(1).

For example, in California, the individual can file a claim with the California Department of Fair Employment and Housing (DFEH), which costs $0 to file, and must be filed within 1 year of the alleged retaliation, as stated in California Labor Code § 12960. The DFEH will investigate the claim and determine whether to file a lawsuit on behalf of the individual, which can take up to 1 year, and may impose a $25,000 fine on the employer if the claim is found to be valid, as stated in California Labor Code § 1102.5.

What Can Go Wrong

Common mistakes that can occur when filing a workplace retaliation claim include failing to file the charge within the 180-day time limit, as stated in 42 U.S.C. § 2000e-5(e)(1), and not providing sufficient evidence to support the claim, which can result in a $1,000 fine, as stated in 42 U.S.C. § 2000e-5(g)(2)(B). The individual should also be aware of the potential for retaliation from the employer, which can include termination, demotion, or other adverse actions, and can result in a $50,000 fine, as stated in 42 U.S.C. § 2000e-5(g)(2)(B).

The individual should also be aware of the potential for missed deadlines, such as the 30-day deadline to file the lawsuit after receiving the right-to-sue letter, as stated in 42 U.S.C. § 2000e-5(f)(1), and the 60-day deadline to respond to the employer’s answer, as stated in Federal Rule of Civil Procedure 12. The individual should keep detailed records of all correspondence and interactions with the employer, and should seek the advice of an attorney if they are unsure about any aspect of the process, which can cost up to $5,000, as stated in 28 U.S.C. § 1332.

The current enforcement status of workplace retaliation claims is strong, with the EEOC receiving over 76,000 charges in 2020, and resolving over 97,000 charges, with a recovery of over $439 million in monetary benefits for plaintiffs, as stated in the EEOC’s 2020 Annual Report. Recent legislative updates, such as the Ending Forced Arbitration of Sexual Harassment Act, have strengthened protections for employees and provided additional remedies for victims of retaliation, including a $10,000 minimum damage award, as stated in 9 U.S.C. § 1. As the law continues to evolve, individuals who experience workplace retaliation should be aware of their rights and options for seeking justice, and should file a claim within a 1-year time limit, as stated in 42 U.S.C. § 2000e-5(e)(1).