Background: | Your employer fired you after you complained about employment discrimination |
Problem: | That same employer continued to retaliate against you after your termination |
Solution: | You sue your former employer for post-termination retaliation |
42 USC §2000e-3 | Other Unlawful Employment Practices
"(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings.
It shall be an unlawful employment practice for an employer to discriminate against
any of his employees or applicants for employment... because he has opposed any practice made an unlawful employment practice by this
subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or
hearing under this subchapter."
29 CFR 1625.10 | Costs and Benefits Uder Employee Benefit Plans
"(d)(5)...This is by reason of section 4(d) which provides that it is unlawful for an employer, employment agency, or labor organization to discriminate against any individual because such individual “has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Act.”"
29 CFR 1630.12 | Retaliation and Coercion
"(a) Retaliation. It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this part or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this part."
29 CFR 1635.7 | Retaliation
"A covered entity may not discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title."
# | Comments | |
---|---|---|
1 | ![]() | TBD case. USFLMD. Pro Se Filing. 2020. §1981 Case (+ §760 FS). Financial/Professional/Lethal. |
2 | ![]() | USGAWD. 2004. Attorney Filing. College Professor. False Statements from Former Employer. |
# | Word | Comments |
---|---|---|
1 | ![]() | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
Basically, to sue your former employer for post-termination retaliation you must show that (a) your former employer knew that you complained; (b) something really bad happened to you; and (c) that bad thing was related to your former employer.