Retaliation
Examples of adverse action include:
- Termination;
- Denial of a promotion;
- Lowering a grade;
- Unjustified negative performance evaluations;
- Increased supervision or scrutiny;
- Sudden enforcement of previously unenforced policies;
- Exclusion from activities or privileges open to others;
- Transfer the employee to a less desirable position;
- engage in verbal or physical abuse;
- Threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police)
Engaging in protected activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. However, an employer is not allowed to do anything in response to protected activity that would discourage someone from resisting or complaining about future discrimination.
Retaliation Resources:
Memo to Managers
EEOC Guidance on Retaliation
Questions & Answers: Enforcement Guidance on Retaliation and Related Issues