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Equal employment opportunity laws provide that employers may not retaliate because a person files a discrimination complaint;
participates, assists
or testifies in an investigation or litigation; or, opposes discriminatory
employment practices (e.g., 42 USC 2000e-3; 29 USC 215(a)(3)). Complainants
may pursue retaliation complaints regardless of whether their original
discrimination complaints had legal merit. Alleged retaliation may concern
issues like discharge, demotion, harassment, or negative employment
references. Employers should be cautious in taking actions against persons
who file discrimination complaints, and persons who oppose discrimination,
so that the actions are not found to be retaliatory.
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