Not legally. It is unlawful for an employer to retaliate against someone who files a charge of discrimination, participates in an investigation, or opposes discriminatory practices. Individuals who believe that they have been retaliated against should contact the EEOC or a lawyer immediately. Even if you have filed a charge of discrimination, you will need to file a new charge based on retaliation. The United States Supreme Court recently held in the case of Burlington Northern & Santa Fe Railway Co. v. White (2006) 126 S. Ct. 2405 that the standard for what constitutes "retaliation" is very broad. Essentially, any action that an employer intentionally takes that would "dissuade" a "reasonable employee" from making or supporting a charge of discrimination is retaliation.

(Reviewed 9-08)