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Employment Law

Retaliation

In addition to prohibiting disparate treatment on the basis of race, sex, religion, national origin, and age, Title VII, §1981, and the ADEA create a remedy for certain retaliatory conduct. Retaliation is also prohibited by the ADA, albeit in slightly different ways. Retaliation claims are often easier to make when someone has triggered formal processes under the ADA, Title VII, or another law than when someone has spoken out against potentially illegal conduct. Consider the rules that apply to retaliation in different contexts--and whether these differences are justified.