Breanne N. Gilliam

“Causation,” the connection between an employee’s protected activity and an employer’s adverse action, is at the center of retaliation claims.

An “adverse action” against an employee that could support a claim of retaliation can include actions far more nuanced and subtle than termination, as well as acts outside of the workplace.

In this latest post in our series about retaliation, we’ll address what counts as “protected activity,” what “good faith” protection employees have, and how HR should approach discipline or other decisions when protected activity is in the picture.

While the current administration has abandoned the nationwide federal non-compete ban issued by its predecessor, employers still face state and local level challenges to such agreements, and FTC scrutiny for overreach.

Retaliation is the most frequent discrimination claim made by employees against employers, with a plethora of laws prohibiting such adverse employment actions.