RETALIATION: How to Prove It, How to Avoid It Attorney’s Perspective – Plaintiff (18 pages)

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RETALIATION: How to Prove It, How to Avoid It

Attorney’s Perspective – Plaintiff

Lori D. Ecker

LAW OFFICE OF LORI D. ECKER

180 North LaSalle Street, Suite 2300

Chicago, IL 60601

Telephone: 312/855-1880

Facsimile: 312/263-4609

Email:

loriecker@ameritech.net

www.loriecker.com


FILING A RETALIATION CLAIM -- Factors to Consider


The retaliation provisions of Title VII of the Civil Rights Act of 1964, the

Americans with Disabilities Act, the Age Discrimination in Employment Act, and the

Family and Medical Leave Act forbid employers to discriminate against any individual

because he has opposed any unlawful employment practice or because he has made a

charge, testified, assisted, or participated in any manner in an investigation, proceeding,

or hearing under the Act. 42 U.S.C. § 2000e-3(a) [Title VII], 42 U.S.C. § 12203(a)

[ADA], 29 U.S.C. § 623(d) [ADEA], & 29 U.S.C. § 2615(a)(2) and (b) [FMLA].

Under the Americans with Disabilities Act, employers are additionally prohibited

from coercing, intimidating, threatening, or interfering with an individual because he has

exercised or encouraged another individual in the exercise of any right granted by the

ADA. 42 U.S.C. § 12203(b). The Family and Medical Leave Act makes it unlawful for

an employer to interfere with an employee’s FMLA rights. 29 U.S.C. § 2615(a)(1).

It is worth mentioning that there are a number of federal whistleblower

protections to be aware of. And, that they have incredibly short time limits for filing

complaints. Several laws protect environmental whistleblowers under such acts as the

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