RETALIATION IN THE WORKPLACE
Frequently, facts which lead to a claim of discrimination do more than simply that. They become the foundation for a claim of retaliation. It is important that we remain mindful of the fact that even if a Plaintiff does not sustain his or her claim of discrimination, whatever the basis may be, if the employee had a reasonable basis to believe that a discrimination claim existed and he or she engages in a protected activity by notifying the employer, and advises the employer that he will pursue a claim of discrimination and the employer then takes adverse employment action, the retaliation claim will be valid although the discrimination claim will fail.
It is essential, therefore, that in considering retaliation claims that we are mindful of the following sentiment that was expressed in recent decision in Weiss v. Morgan Stanley, (05-cv-3310 S.D.N.Y), namely 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.”
