Retaliation is the most frequent alleged basis of discrimination. Retaliation is when an employer takes an adverse action against an employee for engaging in protected activity. Protected activities include, but are not limited to, filing a complaint, answering questions during an employer investigation, resisting sexual advances or intervening to protect others, and requesting an accommodation for a disability or religious practice. Examples of adverse actions include, but are not limited to, termination, demotion, and failure to promote.
Recently, a jury determined that a former FedEx employee should receive $366 million in damages for retaliation. In Harris v. FedEx Corporation, Harris was a successful, Black, sales representative for FedEx. Harris v. FedEx Corp., No. 4:21-CV-01651, 2022 WL 4003876 (S.D. Tex. Aug. 31, 2022). In 2019, Harris’s manager asked her to take a demotion. Harris reported this to human resources who failed to properly investigate the complaint. After Harris reported her manager’s action, her manager sabotaged her commissions and heavily scrutinized her work, ultimately leading to her termination. Harris sued for discrimination and retaliation. The jury rejected Harris’s discrimination claim but backed her retaliation claim.
Employees who believe they have been treated unfairly in the workplace should seek legal counsel as soon as possible to understand their rights and determine whether they have a claim.