Utah Employment Law
Retaliation
Lawyer Utah
If your employer punished you for reporting discrimination, filing a complaint, taking protected leave, or asserting your legal rights, that is retaliation — and it is illegal. Stavros Law P.C. holds employers accountable.
Protected activity
What activities are protected from retaliation?
Federal and Utah law protect employees who engage in the following activities. If your employer took adverse action against you after you did any of these things, you may have a retaliation claim.
Reporting discrimination or harassment
Reporting workplace discrimination or harassment to HR, a supervisor, or a government agency is protected under Title VII, the ADA, the ADEA, and the Utah Antidiscrimination Act.
Filing an EEOC charge
Filing a charge with the EEOC or participating in an EEOC investigation is expressly protected. Retaliation for filing a charge is a separate, independently actionable violation.
Taking FMLA leave
The FMLA prohibits retaliation against employees who take or request protected leave for a serious health condition or to care for a family member.
Filing a workers' compensation claim
Utah public policy prohibits terminating an employee for filing or intending to file a workers' compensation claim.
Reporting safety violations
Reporting OSHA violations or workplace safety concerns is protected under OSHA's anti-retaliation provisions and Utah public policy.
Asserting wage rights
The FLSA prohibits retaliation against employees who file wage complaints, participate in wage investigations, or assert their right to overtime or minimum wage.
Proving your case
How retaliation claims are proven in Utah
To establish a retaliation claim, you must show three elements: (1) you engaged in protected activity; (2) your employer took an adverse action; and (3) there is a causal connection between the two.
Causation is often the most contested element. Courts look at temporal proximity — how close in time the adverse action was to the protected activity. An adverse action taken days or weeks after a complaint is strong circumstantial evidence of retaliation. Courts also consider whether the employer's stated reason for the action is pretextual.
The Burlington Northern standard (Burlington Northern & Santa Fe Railway Co. v. White, 2006) defines an adverse action as one that would dissuade a reasonable employee from engaging in protected activity. This is broader than the standard for discrimination claims — it includes actions that don't affect pay or job title, such as schedule changes, reassignment, or increased scrutiny.
Retaliation claims are often brought alongside underlying discrimination or harassment claims, but they can also stand alone. Even if your underlying discrimination claim is weak, a strong retaliation claim may provide significant leverage and recovery.
Common questions
Retaliation FAQ
What is employment retaliation?
An employer taking an adverse action against an employee because the employee engaged in protected activity — reporting discrimination, filing an EEOC charge, taking FMLA leave, filing a workers' comp claim, reporting safety violations, or asserting wage rights.
What counts as an adverse action?
Any action that would dissuade a reasonable employee from engaging in protected activity — termination, demotion, pay cuts, negative reviews, schedule changes, reassignment, increased scrutiny, hostile treatment, or constructive discharge.
How do I prove retaliation?
Show: (1) you engaged in protected activity; (2) your employer took an adverse action; and (3) there is a causal connection. Causation can be shown through close temporal proximity or direct evidence of retaliatory motive.
Can I be retaliated against for filing an EEOC charge?
No. Filing an EEOC charge is expressly protected under Title VII, the ADA, the ADEA, and the Utah Antidiscrimination Act. Retaliation for filing a charge is independently illegal.
Is taking FMLA leave protected from retaliation?
Yes. The FMLA prohibits retaliation for taking or requesting FMLA leave. Adverse actions shortly after an employee returns from FMLA leave may constitute FMLA retaliation.
What is the filing deadline?
Title VII/Utah Antidiscrimination Act retaliation: 300 days from the retaliatory act. FMLA retaliation: 2 years (3 for willful). Other statutes have different deadlines. Contact an attorney promptly.
What damages are available?
Back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages in egregious cases, and attorney's fees. Specific damages depend on the statute.
No fee unless we win
Punished for speaking up?
Stavros Law P.C. represents employees who have been retaliated against for asserting their rights. Free case evaluations. Most cases handled on contingency.
Related: Employee Rights · Wrongful Termination · Whistleblower Claims
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