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Retaliation

Call Laura Allen at (425) 419-7301 to discuss your case.

Retaliation

There are a number of laws in place to protect an employee from retaliation for reporting or opposing, for example, illegal discrimination or sexual harassment in the workplace. These laws apply whether the employee is reporting or opposing discrimination or harassment that happened to him or her or is supporting the claim of another employee who suffered discrimination or harassment at work. It doesn’t matter if the employee turns out to be wrong as long as he or she reported or opposed the discrimination or harassment in good faith or based on a reasonable belief that it actually occurred. Allen & Mead lawyers can help you determine if actions you have taken at work may be protected under the law.

It is also illegal under these laws for employers to retaliate against employees for exercising a legal right like requesting time off under the Family Medical Leave Act or a reasonable accommodation for a disability, or making a claim for worker’s compensation benefits. It is important to let your lawyer know if your employer has taken action against you or said anything that may constitute retaliation.

To establish a claim for retaliation, the employee’s attorney must prove he or she suffered a tangible, adverse employment action. The Supreme Court in Burlington Northern & Santa Fe Railway v. White, 548 U.S. 53 (2006) found that a tangible, adverse action is one that would have been material to a reasonable employee or applicant. The employer’s retaliatory action must be something that would “dissuade a reasonable worker from making or supporting a charge of discrimination.”

Under the Washington Law Against Discrimination, it is an unfair practice for any employer to discriminate against any person because he or she has opposed, for example, illegal discrimination or sexual harassment, or because he or she has filed a charge, testified, or assisted in any proceeding brought for illegal discrimination, harassment or other illegal acts under chapter 49.60 RCW. To show a prima facie case of retaliation under WLAD, your lawyer must show that: (1) you opposed an activity forbidden by WLAD, (2) the employer took an adverse employment action against you, the employee, and (3) retaliation was a substantial factor behind the employer’s adverse employment action. Campbell v. State, 129 Wn. App. 10, 22 (2005).

Allen & Mead lawyers have extensive experience in litigating retaliation claims. Our lawyers can help you determine if you have suffered illegal retaliation in the workplace for reporting or opposing illegal discrimination or harassment or supporting another employee’s claim of discrimination or harassment.

Notice: The information presented on this Web site is neither formal legal advice nor the formation of an attorney-client relationship. You should consult with an attorney for advice regarding individual legal issues.

Notice: The information presented on this Web site is neither formal legal advice nor the formation of an attorney-client relationship. You should consult with an attorney for advice regarding individual legal issues.