Retaliation: The Most Common Employment Claim

Retaliation is one of the most common employment claims brought in Minnesota. In simple terms, retaliation occurs when an employer takes negative action against an employee because the employee exercised a legal right.

Under the Minnesota Human Rights Act, it is unlawful for an employer to retaliate against a person who opposes discrimination, files a charge, or participates in an investigation or proceeding under the statute. See Minn. Stat. § 363A.15.

Protected activity can include reporting discrimination or harassment, participating in a workplace investigation, requesting a disability accommodation, or filing a charge with a government agency. Federal law similarly prohibits retaliation for engaging in protected equal employment opportunity activity.

Minnesota law also protects employees from retaliation in other contexts. For example, the Minnesota Whistleblower Act protects employees who report suspected violations of law or participate in investigations. See Minn. Stat. § 181.932. Retaliation is not limited to termination. It can include demotion, discipline, reduced hours, negative evaluations, threats, or other actions that would discourage a reasonable employee from raising concerns. One important point: employees may still be protected even if the underlying complaint is not ultimately proven. The law generally protects workers who raise concerns in good faith.

If you have questions about retaliation, please contact us today.