Braun & Associates
501 Union Street, Suite 500 - Nashville, TN 37219
(615) 259-1550 - Toll free: (888) 665-4902

for making or supporting a claim of discrimination or otherwise opposing discrimination in the workplace is unlawful. Proof of retaliation requires a plaintiff to prove that the plaintiff engaged in protected conduct such as filing a charge, agreeing to testify, assisting or participating in an investigation, proceeding or hearing regarding a discriminatory employment practice. A plaintiff must also prove that the company was aware of plaintiff’s protected activity and that the plaintiff suffered an adverse employment action as a result in engaging in the protected activity. An adverse employment action must impact the plaintiff in a substantial way. Examples of an adverse employment action are a demotion, a cut in hours or pay, a substantial change in duties or responsibilities and/or termination. Proof of intent to retaliate may include evidence that the defendant retaliated against other employees who had engaged in similar conduct to that of the plaintiff.

To establish a claim for retaliation, an employee need not prove that retaliation was the sole reason for the adverse employment action, but rather, that the protected activity was a significant factor in the decision to take an adverse employment action.

Damages in employment discrimination and retaliation cases include loss of wages and benefits, loss of future wages and benefits, damage to career and emotional distress/mental anguish. A court can order reinstatement and/or other equitable relief against an offending defendant. Punitive damages are also available under federal law.

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