If you reported discrimination or sexual harassment or supported a coworker’s complaint and were fired, you may have a retaliation claim under Title VII of the Civil Rights Act.
Retaliation is illegal. Your employer cannot legally fire you for asserting your rights—but many do.
At Kaplan Employment Law, we fight for employees wrongfully terminated for speaking up. We take on big corporations—and win.
If you were fired for reporting unlawful discrimination, discuss your case with a Florida wrongful termination lawyer.
What is Workplace Retaliation under Title VII?
Workplace retaliation happens when an employer takes an adverse employment action against an employee because the employee engaged in a protected activity under Title VII of the Civil Rights Act.
To prove workplace retaliation, you must establish these three key elements:
1. Protected Activity
You reported or spoke as a witness to your employer about protected class discrimination, racial harassment or sexual harassment, or even after filing a charge of discrimination with the EEOC.
2. Adverse Employment Action
- You were fired from your job
- Demoted with a pay cut or reduced hours
3. Causal Connection
A causal connection means that you suffered the adverse action because of the protected activity. You can prove this if:
- Your termination was within 3 months of your complaint; and
- the person who took the adverse action was aware of your protected activity when that person decided or recommended to fire you.
What is Protected Activity Under Title VII?
Title VII of the Civil Rights Act of 1964 prohibits employers from firing employees for reporting discrimination based on the following protected classes: race, color, religion, sex, sexual harassment, sexual orientation, gender, gender identity and national origin.
Examples of protected activity include:
- Reporting discrimination or harassment based on a protected class to HR.
- Telling a supervisor that you feel you are being discriminated against because of your race.
- Participating in an HR investigation about workplace discrimination.
- Filing an EEOC charge for employment discrimination.
- Requesting a religious accommodation.
If you did in any of these activities and were then fired, because you did so, you may have a case.
What is NOT Protected Activity under Title VII?
Common examples that DO NOT qualify as protected activity:
- Complaining about a rude boss or general workplace favoritism.
- Complaining of ineffective workplace policies or procedures.
- Reporting workplace bullying.
- Office politics.
- Gossip.
For retaliation claims, your complaint must be about discrimination based on race, color, sex, sexual harassment, sexual orientation, gender, gender identity, religion, or national origin.
Examples of Title VII Retaliation in the Workplace
Examples of workplace retaliation under Title VII include:
- Fired because you complaint about racism at work;
- Fired because you complained about sexual harassment.
- Fired because you requested a religious accommodation.
- Termination after and because an employee makes a protected activity
How Do I Prove My Firing Was Retaliation?
To prove retaliation you must prove that your employer fired you because you engaged in protected activity and for no other legitimate reason.
Evidence That Strengthens Your Case:
- written proof of your protected activity.
- texts showing resentment for reporting unlawful conduct under Title VII.
- Performance reviews showing a sudden negative shift after your complaint.
- Coworker testimony supporting your retaliation claim.
How to File a Title VII Retaliation Claim
If you were wrongfully terminated in retaliation for engaging in protected activity, you must file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.
The EEOC process:
- File a charge within 300 days of your termination.
- The EEOC investigates, and your employer responds to the charge.
- Mediation may be offered to resolve the dispute.
- Right to Sue letter issued if no resolution is reached.
- You have 90 days to file a federal lawsuit once you receive the Right to Sue letter.
Kaplan Employment Law handles the EEOC process for you, increasing your chances of success.
Strict deadlines apply—contact us today to take action.
What Compensation Can You Recover?
Successful wrongful termination claims can result in various damages, including:
- Lost Wages: Back pay for missed wages from the time of termination until the case is resolved.
- Emotional Distress: Compensation for mental anguish or psychological effects caused by wrongful termination.
- Punitive Damages: In extreme cases, the court may award punitive damages to deter future violations by the employer.
Kaplan Employment Law can help determine which damages you may be eligible to recover in your case.
We Make the Difference in Your Story.
FAQ: Wrongful Termination & Retaliation Under Title VII
What Are Examples of Protected Activities Under Title VII?
Protected activities include reporting protected discrimination, filing a sexual harassment with human resources, requesting accommodations for religious or disability-related needs, supporting coworker’s complaints, or participating in an employment investigation.
Can I be fired for complaining about discrimination?
No. Title VII prohibits employers from retaliating against employees who report or oppose discrimination.
What if my employer claims I was fired for performance reasons?
Many employers try to cover up retaliation by claiming an employee was fired for poor performance. Kaplan Employment Law will investigate and expose false employer claims.
Strong evidence includes:
- Positive performance reviews before your complaint.
- Sudden changes in treatment after filing your complaint.
- Emails, HR records, or witness testimony supporting your claim.
How Difficult Are Wrongful Termination Cases?
Wrongful termination cases can be challenging because they require proof that the employer’s reason for firing was retaliatory or discriminatory.
Employers often have the upper hand, as they can present various “legitimate” reasons for termination, such as poor performance or attendance issues. That’s why having an experienced employment lawyer on your side is essential. Brett Kaplan works with clients to gather evidence, identify inconsistencies in the employer’s reasoning, and build a compelling case.
Can My Former Employer Defend Themselves?
Yes, employers can defend themselves in wrongful termination claims by providing evidence of a legitimate, nonretaliatory reason for the termination, such as substandard performance, attendance issues, or misconduct.
This defense can be difficult to overcome, but an experienced attorney can help show that the employer’s explanation is a pretext. Evidence of positive performance reviews, recognition, or promotions before engaging in protected activities can help refute the employer’s claim.
Why Should I Hire Kaplan Employment Law?
Kaplan Employment Law brings extensive experience in employment law and focuses on protecting employees from wrongful termination due to discrimination or retaliation. Attorney Brett Kaplan understands the intricacies of Florida and federal employment law, and his client-centered approach ensures you receive personalized attention. At Kaplan Employment Law, we are committed to achieving justice for wrongfully terminated employees and are ready to guide you through the complexities of your case.
Fired After Reporting Discrimination? Contact Kaplan Employment Law
We know that sometimes the right action, like reporting discrimination, is punished. However, you don’t have to accept retaliation as part of your job. At Kaplan Employment Law, we take on the toughest cases—and win. We focus on employment law and we are relentless litigators who take on big corporations on your behalf. There aren’t any upfront fees — you only have to pay if we win. Submit your form for a case review with Attorney Brett Kaplan and Kaplan Employment Law now.
