An employer may not retaliate against an individual for opposing unlawful discrimination (based on any protected category, such as age, disability, gender, national origin, pregnancy, race, or religion) or for filing a charge of discrimination (with the Equal Employment Opportunity Commission or equivalent state agency), testifying, or participating in any way in an investigation, proceeding, or litigation under Federal or State discrimination laws.

Retaliation claims are based on any adverse action that your employer takes against you because you complained about harassment, discrimination, a health and safety violation, violation of accounting rules in certain larger corporations, or some other violation of a workplace law (such as overtime law). These laws also protect you if you are a participant in an investigation of any of these problems. For example, your employer cannot punish you for giving a statement to a government agency that is looking into another employee's discrimination claim, or a general workplace safety problem. 

The most common complaints deal with demotion, discipline, firing, salary reduction, negative evaluation, or changes in job assignment, however, they can also include hostility toward you by your employer.

Years of Experience

Mr. McKinney has been has been practicing employment law since 1996, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and represents employees who have been the victims of unlawful retaliation.  If you believe you have been terminated or otherwise discriminated against for exercising your legal rights, please contact us to make an appointment to speak with us about your case.