Retaliation by declining vacation and Issuing warning for asking a question..

I have filed a complaint with EEOC 3 months ago after making repeated complaints to HR on a supervisor for threatening to fire me and denying my vacation earned. This case also included HR for retaliation (using performance reviews to punish me) and top management for not acting on my complaints.
Even after the complaints my Supervisor is currently declining my vacation request citing business reason after just approving my co-workers request. He is also promoting my co-workers who are less skilled and less qualified by giving them in writing to use them against them.
Can this be proved as retaliation?
When I asked a question in a meeting I was given a first and final warning by HR for inappropriate behaviour. My question is related to organizational changes when the meeting was to announce organizational changes.
Do I have case for Retaliation?

1 answer  |  asked Jul 1, 2009 12:58 AM [EST]  |  applies to Pennsylvania

Answers (1)

Harold Goldner
Not sure whether this is the kind of 'retaliation' the law prohibits

If you believe you are being discriminated against because of being a member of a protected classification, i.e. age (over 40), gender, race, national origin, or disability, then you should complain to HR about this unlawful discrimination.

That is the only kind of 'discrimination' which is generally prohibited. Other types of discrimination (weight, smoker, etc.) or simple personality conflicts are not protected by law.

If your complaint to HR was simply that the supervisor was 'picking on you' or playing favorites, and you did not raise any issues of unlawful discrimination with HR, then you cannot be said to have had a 'good faith belief' that you were the victim of unlawful discrimination, and no, your employer would NOT be retaliating against you.

If, however, your complaint was of unlawful discrimination, and then you were retaliated against, yes, you would have a claim.

In short, don't rely upon websites for legal information, talk to a lawyer to clarify both your question, and the answer you require.

posted by Harold Goldner  |  Jul 1, 2009 10:51 AM [EST]

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