Employment Law


If an employee files both a sex or race discrimination claim and a retaliation claim, can the retaliation claim survive even if the underlying sex or race claim is dismissed?

Yes, an employee’s retaliation claim can stand on its own merits—even if the underlying discrimination claim fails. For example, let’s say a waitress alleges that her manager sexually harassed her. She complains about the harassment to management and then receives less desirable work shifts and other retaliatory actions. The waitress’ retaliation claim would be strong even if her underlying sexual harassment claim was rejected by the court.


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