It is illegal for an employer to retaliate against en employee for filing a charge of discrimination or opposing discrimination. Employees who give testimony in an employment discrimination proceeding are also protected. Retaliation means that an employer cannot fire, demote, harass or treat adversely any employee because he or she engaged in protected activity. An example is where an employee complains about a hostile work environment and gets fired or demoted because of such complaint. Retaliation is illegal under the laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability.

In order to have a claim for retaliation, an employee must have been the subject of adverse employment action because of the employee’s engagement in protected activity, which means, for example, that the employee filed a claim of discrimination, opposed illegal discrimination in the workplace, or testified in an employment discrimination proceeding.