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EEOC Retaliation: Filing and Proving a Retaliation Complaint

Reporting discrimination is protected. Punishing you for it is unlawful. Here’s how to recognize, document, and report retaliation to the EEOC.

What Counts as Retaliation

  • You engaged in protected activity (complained, assisted, testified)
  • You suffered an adverse action (firing, demotion, schedule cut, threats)
  • Causation links the two (timing, pretext, comparators)

Evidence to Collect

  • Timeline of protected activity and adverse actions
  • Emails, texts, performance documents
  • Witness statements; comparator treatment

Filing or Amending a Charge

  • You may file a new retaliation charge or amend your existing charge
  • Use the portal to add information promptly

Related: How to File • Investigation Timeline

FAQs

  • Can I be fired for filing? Retaliation is illegal; document everything
  • Do I need proof before filing? File promptly; investigations collect evidence

Common Retaliation Examples

  • Termination or demotion after you complain to HR
  • Reduced hours, undesirable shifts, or threats
  • Harassment after participating in an investigation or lawsuit

FAQs

  • Is negative feedback retaliation? Not if legitimate and consistent; look for timing, pretext, and comparators.
  • Should I report retaliation internally first? Yes, if safe—document it and then notify the EEOC if it continues.

Sources

Disclaimer: This page provides general information, not legal advice. Laws change and vary by state. Consult a licensed employment attorney for advice about your situation.