Posted On:
April 25, 2008
A Retaliation Claim May Still Prevail Where the Underlying Discrimination May Not
In a recent decision, in the case of Weiss v. Morgan Stanley, 05-cv-3310, the Court clearly pointed out that, “A plaintiff may prevail on a claim for retaliation even when the underlying conduct complained of was not in fact unlawful so long as she can establish that she possessed a good faith, reasonable belief that the underlying challenged actions of the employer violated [the] law.”
It is, therefore, essential that we keep in mind the fact that, although, the plaintiff may prevail in the underlying discrimination claim, there is a reasonable basis to pursue a retaliation claim so long as the sentiments expressed in the Weiss case quoted above, exist.
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