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Retaliation Claims

Retaliation Claims

Definition

Such claims result when an employee alleges discrimination based on protected status (e.g., race, gender, disability) and, in retaliation for making such a claim, the employee is treated adversely (e.g., the employee receives a demotion). A successful retaliation claim must prove three elements: (1) that the employee engaged in a "protected activity" (filing a discrimination claim, alleging corporate misconduct), (2) that the employee suffered an "adverse action" (termination), and (3) that there was a causal connection between the adverse action and the protected activity. Employment practices liability insurance (EPLI) policies cover retaliation claims. In recent years, retaliation claims have also been made in conjunction with workers compensation claims. That is, employees have sued their employers when, in response to filing a workers compensation claim, an employer took some form of adverse action against the worker (e.g., imposing a change in work hours, giving the employee a demotion or a reprimand).

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