Anti-Retaliation Provisions Quiz

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Questions and Answers

Which statutes contain anti-retaliation provisions? (Select all that apply)

Title VII (correct)

ADA (correct)

ADEA (correct)

FMLA (correct)

What is the prima facie case for retaliation?

Employee engaged in statutorily protected activity, 2. Employee suffered an adverse employment action, and 3. There is a causal connection between the protected activity and the adverse employment action.

What is a protected activity?

Protected activity includes 'participating' in the EEO process or 'opposing' discrimination.

What does participation protection entail?

An individual is protected from retaliation for having made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII, the ADEA, the EPA, the ADA, the Rehabilitation Act, or GINA. Signup and view all the answers

When does the participation clause apply?

Even if the underlying allegation is not meritorious or was not timely filed. Signup and view all the answers

What are examples of participation?

Raising a discrimination claim, testifying or assisting in an EEOC investigation, administrative proceeding, or lawsuit. Signup and view all the answers

What is opposition protection?

A person is protected from retaliation for opposing any practice made unlawful under the EEO laws. Signup and view all the answers

What is broadly defined as opposition?

When an employee communicates to her employer a belief that the employer has engaged in a form of employment discrimination. Signup and view all the answers

What are examples of opposition?

Accompanying a coworker to the HR office to file an internal EEO complaint, complaining to management about discrimination against oneself or coworkers. Signup and view all the answers

What constitutes reasonable opposition?

Complaints to someone other than the employer, complaints raised publicly, advising employer of intent to file or complaining before the matter is actionable. Signup and view all the answers

What is considered unreasonable opposition?

When an employee makes an overwhelming number of patently specious complaints, badgers a subordinate employee for a witness statement, or involves unlawful acts. Signup and view all the answers

What is a material adverse action?

Any action that might well deter a reasonable person from engaging in protected activity; encompasses a broader range of actions than an 'adverse action' under non-discrimination provisions. Signup and view all the answers

What are examples of work-related material adverse actions?

Denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, discharge, and negative evaluations. Signup and view all the answers

What are examples of non-work-related material adverse actions?

Disparaging the person to others, making false reports to government authorities, scrutinizing work or attendance more closely than others. Signup and view all the answers

What is third party retaliation?

A person claiming retaliation need not be the person who engaged in opposition. Signup and view all the answers

A materially adverse action does not violate the EEO laws unless there is a ___ between the action and the protected activity.

causal connection Signup and view all the answers

The causation standard requires the evidence to show that '___________' a retaliatory motive the employer would not have taken the adverse action.

but for Signup and view all the answers

The but-for causation standard does not require that ____________ be the sole cause of the action.

retaliation Signup and view all the answers

Study Notes

Anti-Retaliation Statutes

Key statutes with anti-retaliation provisions include Title VII, ADEA (Age Discrimination in Employment Act), ADA (Americans with Disabilities Act), and FMLA (Family and Medical Leave Act).

Prima Facie Case for Retaliation

A prima facie case consists of three elements:
- Employee engaged in a statutorily protected activity.
- Employee experienced an adverse employment action.
- Causal connection exists between the protected activity and the adverse employment action.

Definition of Protected Activity

Protected activity refers to participating in the Equal Employment Opportunity (EEO) process or opposing discriminatory practices.

Participation Protection

Individuals are protected from retaliation if they have made a charge, testified, assisted, or participated in investigations or proceedings under relevant employment statutes.

Application of Participation Clause

Protection applies even if the underlying allegation lacks merit or was not timely filed.

Examples of Participation

Raising a discrimination claim or assisting in an EEOC investigation, administrative proceeding, or lawsuit.

Opposition Protection

Protection against retaliation is provided for employees who oppose any practice deemed unlawful under EEO laws.

Definition of Opposition

Opposition is broadly defined; it includes any communication to the employer indicating the employee's belief that discrimination is occurring.

Examples of Opposition

Accompanying coworkers to file EEO complaints, lodging complaints about discrimination, or responding to inquiries regarding potential discrimination.

Reasonable Opposition

Complaints made to someone other than the employer, public complaints, or advising an employer of intent to file complaints before the issue becomes actionable.

Unreasonable Opposition

Defined by excessive complaints, coercing subordinates for support, or complaints involving unlawful acts.

Material Adverse Action

Refers to any action likely to deter a reasonable person from engaging in protected activities, encompassing broader actions than just "adverse actions."

Includes denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, discharge, threats, reprimands, and negative evaluations.

Examples include public disparagement, false reports to authorities, excessive scrutiny, or removal of supervisory responsibilities.

Third Party Retaliation

Individuals claiming retaliation do not need to be the one who engaged in the opposition to seek protection.

Causal Connection

Materially adverse actions violate EEO laws only if there is a clear causal connection between the action and the protected activity.

Causation Standard

Evidence must show that "but for" a retaliatory motive, the employer would not have taken the adverse action.

But-For Causation Standard

Retaliation does not need to be the sole cause of the adverse action; other factors can exist alongside it.

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Description

Test your knowledge on anti-retaliation provisions under various statutes such as Title VII, ADEA, and ADA. This quiz will cover key concepts including prima facie cases for retaliation and protected activities. Perfect for those studying employment law or human resources.