An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
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The number of retaliation claims filed with the Equal Employment Opportunity Commission (EEOC) has been climbing steadily, with retaliation claims marking the most frequently filed type of workplace discrimination claim for several years. Employers should be especially concerned about retaliation claims because they can survive even when the underlying discrimination claim is dismissed.
What employee actions are considered to be protected activities under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)?