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Retaliation: punished after a discrimination complaint

Retaliation · Title VII, the ADA, and the ADEA · fictionalized composite for education only.

Every example below is a fictionalized composite created for educational purposes. The employees, employers, and facts are invented and do not represent any real person, company, or case. These examples are general public information, not legal advice.

Fictional employee
B.M., sales representative
Fictional employer
Oakmont Auto Group LLC
Location
a metropolitan area in the Midwest
Illustrated statute
Title VII, the ADA, and the ADEA

Illustrative charge narrative

I was employed by Oakmont Auto Group LLC as a sales representative in a metropolitan area in the Midwest. I engaged in protected activity by complaining about discrimination. Shortly afterward, I was subjected to a sudden negative review, removal of duties, and ultimately termination. There was a close connection in time between my complaint and the adverse actions. I believe I was retaliated against for protected activity, in violation of Title VII, the ADA, and the ADEA.

Teaching point

Compelling because retaliation has three clean elements: protected activity, an adverse action, and a causal link, here shown through temporal proximity. Retaliation claims often succeed even where the underlying complaint does not.

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