Retaliation claims are a critical component of employment law, providing essential protection for employees who assert their rights under various anti-discrimination and anti-retaliation statutes. In North Carolina, understanding the scope of these claims, particularly under the Retaliatory Employment Discrimination Act (“REDA”), can be essential to prosecuting an employee’s rights under the law. Retaliation under REDA occurs when an employer takes retaliatory action against an employee for engaging in or threatening to engage in certain protected activities.
What Steps Do I Have To Take To Bring A Claim Under REDA?
The first step to pursuing a claim against an employer who has retaliated against its employee is to file a complaint with North Carolina’s Retaliatory Employment Discrimination Bureau. It is important to note that an employee who has claims that fall under REDA must bring a complaint to the Retaliatory Employment Discrimination Bureau within 180 days after the alleged discriminatory practice or their claims will be time-barred. Brackett v. SGL Carbon Corp., 580 S.E.2d 757, 761 (N.C. App. 2003).
Filing a claim with North Carolina’s Retaliatory Employment Discrimination Bureau is a critical step that requires careful attention to detail, and hiring an attorney can be essential in this process. An attorney can help ensure that the claim is filed correctly and comprehensively, avoiding common pitfalls such as missing important deadlines, failing to include necessary documentation, or not clearly articulating the basis of the retaliation claim. Without legal guidance, an employee might inadvertently weaken their case at this early stage, which could lead to delays, dismissal of the claim, or a reduced chance of success in later stages of the process. An attorney can provide the expertise needed to properly frame the issues and present the strongest possible claim from the outset.
The Bureau will then investigate the employee’s claims and attempt to resolve the alleged violation through informal means if it finds reasonable cause to believe that the allegations are true. If the Bureau is unable to resolve the matter, or it finds no reasonable cause, then the Bureau will issue a Right to Sue. Then the employee must file their claims in court within 90 days or lose their claims.
If you believe you have been retaliated against, it is important to consult with a qualified employment law attorney to evaluate whether your potential claims fall under REDA or other discrimination statutes before your claims are time barred.
How do courts analyze claims under REDA?
A claim under REDA can be established through direct or circumstantial evidence. Employees using circumstantial evidence to prove their claim in North Carolina may use a burden-shifting framework to analyze these claims. Fatta v. M & M Props. Mgmt., Inc., 727 S.E.2d 595, 599 (N.C. App. 2012) (citing Lilly v. Mastec N. Am., Inc., 302 F.Supp.2d 471, 481 (M.D.N.C.2004)). The first step is to establish a prima facie case. Then, the employer must present evidence that there was a valid reason for the actions taken against the employee. Finally, the employee must prove that the proposed reason was pretext for discrimination.
Elements of a Prima Facie case
To establish a retaliation claim under REDA in North Carolina, an employee must demonstrate the following elements:
- Protected Activity: The employee engaged in a protected activity. As explained below, there are various activities that are protected under REDA, but these do not include complaints of discrimination under Title VII.
- Retaliatory Action: The employer took retaliatory action against the employee. This includes termination, demotion, or any adverse employment action against an employee in the terms, conditions, privileges, and benefits of employment.
- Causal Connection: There must be a causal link between the protected activity and the adverse action. This connection can be established through direct evidence or inferred from circumstantial evidence, such as the timing of the adverse action.
Protected Activity
In North Carolina, protected activities under REDA are limited. Protected activities include, but are not limited to, filing a complaint with the NC Department of Labor or NC OSHA, filing a workers’ compensation claim, alleging violations of the NC Wage and Hour Act, participating in an investigation related to alleged violations of REDA, appearing before a Court in which the employee is the parent of a juvenile under the jurisdiction of a juvenile court, or taking reasonable time off to exercise your rights under North Carolina’s Domestic Violence laws. REDA does not cover situations already covered by Title VII of the Civil Rights Act of 1964 discrimination, meaning employment discrimination based on race/color, gender, national origin, religion, or national origin.
Retaliatory Action
Retaliatory actions are not limited to firing an employee. Any action that negatively impacts the employee’s job relating to the terms, conditions, privileges, and benefits of employment can be considered retaliatory. This includes:
- Wrongful Termination
- Demotion
- Suspension
- Retaliatory Relocation
Establishing a Causal Connection
A causal connection may be proved by direct or circumstantial evidence. Proving a causal connection often relies on timing. If an adverse action closely follows a protected activity, it may suggest retaliation. North Carolina courts have held that ten days between the protected activity and a retaliatory action establish a sufficient causal connection to make a prima facie case. However, timing alone is not always sufficient. Additional evidence, such as statements by decision-makers or patterns of adverse actions following protected activities, can strengthen a retaliation claim.
Employer’s Non-Discriminatory Reason
After the employee has established their prima facie case, the burden shifts to the employer to produce a non-discriminatory reason. Employers will then raise purportedly legitimate, non-discriminatory reasons for their actions such as an employee’s performance issues, company restructuring, or employee’s violations of company policy.
Establishing Pretext
After the employer has put forth a non-discriminatory reason, the burden shifts one last time to the employee. Employees must then show that these reasons put forth by the employer are pretextual, meaning they are not the true reasons for the adverse action and that the employer would not have taken the retaliatory action without the employee engaging in their protected activity. Evidence of inconsistent explanations for the employee’s termination, deviation from standard procedures, of the employee’s good performance, or disparate treatment of similarly situated employees can help establish pretext. If an employee can establish that the reason the employer put forth is mere pretext, then the employee’s claim may survive summary judgment. On the other hand, if the employer can show by the greater weight of the evidence that it would have taken the action regardless of the protected activity, then the employer has not violated REDA.
Legal Recourse and Remedies
If retaliation is proven, REDA provides for various remedies to make the employee whole. These remedies include:
- Reinstatement to the former position or an equivalent position
- Reinstatement of full fringe benefits and seniority rights
- Compensation for lost wages, lost benefits, and other economic damages
- Trebel compensatory damages for willful violations
- Attorneys’ fees and court costs
Conclusion
If you believe that you have been retaliated against for engaging in a protected activity, it is important to reach out to a qualified employment law attorney. A qualified employment law attorney has the knowledge and experience necessary to evaluate your case effectively. Among the firms practicing only in employment law, Spitz stands out as an excellent choice for several reasons. As one of the largest firms in the country exclusively dedicated to protecting employees’ rights, Spitz has a wealth of experience and resources to draw upon when advocating for clients. Their singular focus on employee advocacy ensures that they possess a deep understanding of the nuances of employment disputes, including wrongful termination claims. Additionally, Spitz’s commitment to client accessibility is evident through their no-fee guarantee and free initial consultation policy. By offering a no-fee guarantee, Spitz ensures that clients only pay legal fees if their case is successfully resolved.
Disclaimer:
The wrongful termination information provided on this employment law blog is for general informational purposes only. It is not intended as direct legal advice about your wrongful firing or potential claims and should not be construed as such. Viewing or accessing this blog does not create an attorney-client relationship. The content of this blog may not reflect the most current legal developments, and its accuracy cannot be guaranteed. Readers should not act based on the information provided without first seeking appropriate legal or professional advice. The author and publisher of this blog are not liable for any damages or losses arising from the use of or reliance on the information presented herein. Always consult with a qualified attorney or professional for advice specific to your employment situation.