Under Title VII, it is unlawful for an employer to discriminate against any employee or an applicant, because he/she has "opposed any practice made an unlawful employment practice by this title . . . or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.” 42 USCS § 2000e-3(a).
Employee Needs To Prove
- The plaintiff "engaged in activity protected under Title VII,"
- The "employer subjected [plaintiff] to an adverse employment decision," and
- There "was a causal link between the protected activity and the employer's action." Passantino v. Johnson & Johnson Consumer Prods., 212 F.3d 493, 506(9th Cir. 2000).
Protected Activity
A "protected activity" may include making a charge, testifying, assisting, or participating in any manner in proceedings or hearings under the statutes, or opposing acts made unlawful by the statute. 42 USCS § 2000e-3(a). For example, if an employer took actions against an employee who complained, even without good cause, about unlawful discrimination, such actions would constitute unlawful retaliation. Passantino, 212 F.3d at 506-07.
Adverse Employment Decision
Under Title VII, an "adverse employment decision" is any employer action that would have been materially adverse to a reasonable employee: "[T]hat means the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination." Burlington Northern & Santa Fe Ry. Co. v. White, 548 US 53, 57 (2006).
An employee may not be retaliated against if the employee opposes activity by the employer which the employee reasonably and in good faith believes to be unlawful. An employee who honestly and reasonably believes that an employer is committing a wrong may not be terminated for trying to oppose or report that behavior. Trent v. Valley Elec. Ass’n Inc., 41 F.3d 524, 526 (9th Cir. 1994).
Contact Sani Law Today
If you believe your employer has treated you adversely, including wrongfully terminated you, discriminated against you, retaliated against you, or harassed you, you should Contact Sani Law today to schedule a free initial consultation.
