(Last Updated On: July 25, 2025)
Has your employer recently terminated you for reasons that you believe are connected to a workplace complaint you made? Or has your employer recently taken less severe action against you, such as denying a promotion or giving you a poor review, that you suspect may be a result of a recent complaint or your participation in a discrimination investigation? You may have experienced retaliation, which can take many different forms in Massachusetts workplaces. It is essential to know that retaliation can be obvious in some cases, but it can also be extremely subtle. Regardless of whether it is obvious or subtle, or somewhere in the middle of that spectrum, it is unlawful, and you may be able to file a claim.
To win a retaliation claim, you will need to provide evidence to establish a prima facie case — that is, to show that there is enough merit to your case that it makes sense for you to bring a claim. What will you need to do to prove retaliation in Massachusetts? Our Boston and Natick lawyers can provide you with the information you need.
Understanding Retaliation
In order to understand the elements of a retaliation claim and the evidence you will need to provide to establish a prima facie case, you will need to understand how federal and state law define retaliation.
According to the US Equal Employment Opportunity Commission (EEOC), retaliation includes any situation in which an employer treats “applicants, employees or former employees, or people closely associated with these individuals, less favorably” for any of the following reasons:
- Reporting discrimination;
- Participating in a discrimination investigation or lawsuit;
- Opposing discrimination in another way in the workplace; or
- Engaging in any other type of protected activity (such as exercising rights under the Fair Labor Standards Act (FLSA) or another employment-related law).
Similarly, the Massachusetts Office of the Attorney General explains that “it is against the law for an employer to punish, discriminate against, or harm a worker in any way for trying to enforce their wage and hour rights” or any other rights to which they are entitled under state law.
The key language related to retaliation is “adverse action.” When an employer takes an “adverse action” in response to an employee’s participation in any kind of protected activity, the employer can be held accountable through a retaliation claim. Retaliation may take very different forms, with the following as some common examples:
- Terminating an employee;
- Reducing an employee’s hours;
- Reducing an employee’s pay;
- Giving the employee a less desirable schedule;
- Demoting an employee;
- Denying certain benefits or opportunities to an employee;
- Denying an employee a promotion;
- Giving an employee a poor performance review;
- Engaging in increased scrutiny or oversight of the employee;
- Threatening the employee;
- Reprimanding the employee; and/or
- Verbal abuse or bullying.
Establishing a Prima Facie Retaliation Case
What will you need to prove to show that your retaliation case has merit? Generally speaking, the following are the elements that you will need to prove with help from your attorney:
- You engaged in protected activity (which includes any kind of exercising of your rights under state or federal law);
- You experienced an adverse action by your employer; and
- There is a causal connection or nexus between the adverse action and your engagement in protected activity (i.e., your employer took the adverse action because you engaged in protected activity).
What constitutes an adverse action? A relatively recent US Supreme Court case actually lessened the standard for an adverse action, making clear that employees can have valid retaliation claims even when they do not experience a “materially significant disadvantage,” which was the previous standard applied in federal retaliation cases. In Muldrow v. City of Saint Louis (2023), the Court clarified that, to prove that an adverse action occurred, an employee must only now show that the employer’s action or behavior “brought about some harm with respect to an identifiable term or condition of employment.”
Contact a Massachusetts Employment Discrimination Attorney Representing Clients in Boston and Natick
If you have experienced any kind of action or behavior from your employer that you feel is an adverse action, and if you believe it is connected to your engagement in any kind of protected activity, it is important to seek legal advice. Retaliation can be obvious in some cases, but it is often much more subtle and thus more difficult to prove. One of the experienced attorneys at our firm can discuss the details of your case with you and help you understand your options for moving forward with a claim. Contact Rodman Employment Law to learn more about the discrimination and retaliation claims we handle for employees in Boston and surrounding area.
