Houston, TX employment law attorney Gregg M. Rosenberg shares his advice for someone who feels they’ve been a victim of employer retaliation. He explains that retaliation cases are often stronger than the underlying discrimination claims. The law protects individuals who engage in “protected activities,” such as internally protesting discrimination with a company’s human resources department. Many people are unaware of this, but such actions are safeguarded under the law. Filing a charge of discrimination is also considered protected activity.

He emphasizes to his clients the importance of documenting everything once they engage in a protected activity. He notes that the standard for proving retaliation differs from ordinary discrimination cases. In retaliation claims, a plaintiff must show that, but for engaging in the protected activity, they would not have suffered an adverse job action. This causation standard can be challenging, compared to the “motivating factor” standard in other discrimination cases.

Despite the higher standard, he has found that retaliation cases are often easier to prove because the adverse actions—such as a clear demotion or termination—are often blatant and well-documented, making the case more straightforward than many traditional discrimination claims.