It might sound like something out of a twisted corporate playbook, but it happens more often than you’d think: an HR professional receives complaints about sexual harassment or race/color, gender, national origin, age, or sexual orientation discrimination; reports them internally; and instead of support or action, management shuts it down. Even worse? That same HR employee is forced to keep hearing the complaints, with no power to investigate, no authority to intervene, and no escape. Can that kind of treatment count as retaliation under Title VII of the Civil Rights Act of 1964? According to the United States Supreme Court’s latest ruling in Muldrow v. City of St. Louis, 601 U.S. 346 Apr. 17, 2024), the answer is: yes, it can.
Employers often expect HR to act as a firewall against liability. But when management refuses to investigate complaints and punishes the very people who try to ensure compliance, they create new liability under Title VII. With Muldrow, it’s now clear: harm doesn’t have to be massive to matter.
Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), and Age Discrimination in Employment Act of 1967 (“ADEA”) not only prohibits discrimination based on race, disability, religion, gender identity, and other protected traits, but it also forbids retaliation against employees who engage in protected activity. Title VII defines “protected activity” to include both opposing discriminatory practices and participating in investigations or proceedings related to workplace. For HR representatives and compliance officers, this often translates directly into the core functions of their job. That includes:
- Receiving complaints of harassment or;
- Reporting those complaints to management or the appropriate department;
- Participating in internal or external investigations;
- Objecting to or refusing to engage in unlawful practices;
- Supporting employees who file complaints or testify in proceedings.
This means that if an HR employee is penalized for doing exactly what the law expects them to do—address—they may have a retaliation claim under Title VII, the ADA, and/or the ADEA.
Best Employment Retaliation Lawyer Blogs on Point:
- Can Timing Alone Prove Workplace Retaliation?
- Is It Illegal For My Job To Retaliate Against Me For Reporting Discrimination And Harassment?
- How Do You Prove Causation In A Retaliation Claim?
Does Forcing HR To Receive But Not Act On Harassment Complaints Count As Retaliation?
In Muldrow, the Supreme Court rejected the prior rule requiring retaliation plaintiffs to show a “significant” harm to bring a claim. Instead, the Court held: “An employee must show some harm with respect to an identifiable term or condition of employment, but need not show that the harm was significant.” Muldrow, 2024 WL 1642826, at *5.
In plain English? You don’t need to be wrongfully fired, demoted, or have your pay cut. If your job conditions are made worse in any way because you opposed, you may have a valid retaliation claim under Title VII.
Let’s apply this to HR professionals. Imagine you’re an HR rep who receives multiple reports of sexual harassment. You document and report them. Management not only fails to act but tells you not to investigate. Then, they continue routing these traumatizing reports to you. You have to listen to and document them, but you are told to take no action—day after day.
That could easily meet the Muldrow standard. Why?
- You’re being subjected to emotionally distressing material;
- Your authority is being undermined;
- You are forced into complicity, making you vulnerable to liability or ethical conflict;
- Your role is functionally altered and degraded; and/or
- In certain states, such a Ohio, you may be subject to individual liability for allowing the discrimination to continue.
This isn’t a theoretical concern. Courts have already recognized that HR professionals can assert Title VII claims when they are punished for doing their jobs. For example, in DeMasters v. Carilion Clinic, 796 F.3d 409 (4th Cir. 2015), an HR professional who was terminated for advocating for a harassment victim was allowed to proceed with a retaliation claim. Importantly, this was a 2015 case—decided long before Muldrow—which means the HR employee had to meet the much higher bar of showing “significant” harm. Today, thanks to Muldrow, proving retaliation is easier.
Best Employment Discrimination Attorney Blogs on Point:
- Proving Discrimination And Retaliation Claims Under Title VII
- Employers Cannot Retaliate Against Spouses, Siblings, Significant Others
- Can I Be Fired for Reporting Workplace Discrimination To HR?
What Damages Can An HR Employee Get In A Retaliation Case?
If an HR professional can show they were retaliated against—even by being forced to endure a degrading, powerless, or hostile working condition—they may be entitled to:
- Back pay and front pay
- Emotional distress damages
- Attorneys’ fees
- Possibly punitive damages
Best Employee’s Rights Law Firm Blogs on Point:
- Critical Action: Timely Report Harassment And Discrimination
- Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment
- Yes, Managers Can Be Demoted For Not Reporting Sexual Harassment To HR
Are You An HR Professional Being Retaliated Against?
If you’re in HR (or any employee) being punished for opposing, don’t just take it. Document everything. Preserve emails and messages. Then call us.
At Spitz, The Employee’s Law Firm, we fight for employees—including HR professionals—who are targeted for doing the right thing. Whether you’re being retaliated against for reporting sexual harassment or participating in an internal investigation, we know the law and how to hold employers accountable. Our experienced trial attorneys have secured great results for clients across industries. We offer free initial consultations, a no-fee guarantee, and the courtroom experience needed to go toe-to-toe with any employer.
Employment Lawyer Disclaimer
This sexual harassment and retaliation blog provides general information and is not legal advice. For guidance specific to your retaliation, sexual harassment, or Title VII situation, consult a qualified employment attorney. No attorney-client relationship is formed by reading this post. No promises are being made about any wrongful termination that you may have experienced. This blog is a legal advertisement by Spitz, The Employee’s Law Firm. Keywords: employment law, attorney, lawyer, employee, employer, HR retaliation, sexual harassment, workplace, Title VII, Muldrow, retaliation claim, protected activity, HR, employment retaliation attorney.