Federal Employment Retaliation Lawyer

Adverse Retaliatory Actions Are Not Required to Be “Ultimate Employment Actions”

Furthermore, the EEOC has stated that adverse retaliatory actions need not qualify as “ultimate employment actions” or materially affect the terms and conditions of employment to constitute retaliation. See EEOC Compliance Manual, Section 8: Retaliation (May 20, 1998); Burlington Northern and Santa Fe Railway Company v. White, 548 U.S. 53 (2006) (finding that the anti- retaliation provision protects individuals from a retaliatory action that a reasonable person would have found “materially adverse,” which in the retaliation context means that the action might have deterred a reasonable person from opposing discrimination or participating in the EEOC charge process); see also Lindsey v. U.S. Postal Service, EEOC Request No. 05980410 (November 4, 1999).

The statutory retaliation clauses prohibit any adverse treatment that is based upon a retaliatory motive and is reasonably likely to deter the charging party or others from engaging in protected activity. Id.

Once again, anti-reprisal law casts a wide net, and therefore creates relatively strong protections for employees. 

Critically, based on statutory language in §§ 717(a) and 704 of Title VII, and because the federal sector regulation does not require that an adverse action be “because of” retaliation, “but for” causation is not required in the federal sector, and instead the “mixed motives” standard set forth in the Civil Rights Act of 1991 applies to federal sector reprisal claims.

This makes retaliation cases much more favorable to the employee, and signals that the law takes seriously an employee’s right to remain free from reprisal for participating in EEOC protected activity.

Featured Case Result

WHAT HAPPENED: A VA physician had privileges suspended due to retaliatory discrimination. Through aggressive and creative representation at the MSPB, we were able to have the physician’s privileges fully restored and to have the retaliators permanently held at bay.

We Handle Federal Employment Retaliation Cases Nationwide

Retaliation happens in federal operations nationwide. Wherever you are in the country, we make ourselves accessible to you, so that you can make strides toward the best possible results for this unfortunate situation.

We know it can be difficult emotionally and professionally to pursue action against an employer who has already punished you for filing a complaint. Our job as your federal employee attorney is to counsel you as to the best way to proceed, as well as help prevent any further rights violations from occurring.

Damages sought in retaliation complaints often include:

• Lost wages due to missed work.
• Recovery of a job from which you may have been fired.
• Compensation for the emotional distress of this tense situation.
• Recovery of benefits denied to you as a result of your complaint.

You are legally allowed to speak up when you feel something is wrong in your federal workplace. Our federal employment attorneys exclusively represent federal employees in retaliation cases, enabling us to offer knowledgeable counsel regarding your particular employment situation. This comes in handy when navigating the complex laws surrounding the federal workplace, especially when it comes to “whistleblowers”, or individuals who have voiced their legal right to protest discrimination.

Schedule an initial consultation today by calling (832) 462-7655 to get in touch our federal employee lawyers at Pines Federal.