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Workplace Discrimination

Retaliation for participation in a Protected Activity (e.g. filing or supporting the filing of a discrimination charge). Pedicini vs. U.S. Department of Agriculture (USDA), (see also Burlington Northern).

What constitutes retaliation?

Plaintiff must show:

1. He/she has engaged in protected conduct/activity.

2. He/she has suffered materially adverse action that might have dissuaded a reasonable employee from making or supporting a discrimination charge.

3. There was a causal connection between the connected activity and the adverse action.

In the Pedicini case, the court distinguished the difference between adverse action and the kind of "de minimis" employment action which falls beneath the radar screen of Title VII of the Civil Rights Act of 1964.

Consult your HRO HR Consultant for parameters surrounding materially adverse action, protected conduct or determining whether there is a causal relationship between the protected activity and the adverse action.