Retaliation- “Adverse Employment Action” Requirement of Retaliation Claim Satisfied By Action Taken Following Termination of Employment

Experienced employment lawyers know that it is much easier for a Plaintiff to prevail on a retaliation claim because discrimination need not be proved, and the Plaintiff must only show that there was a good faith basis to allege discrimination, followed by retaliatory action as a consequence of the filing of a discrimination claim. This concept recently was extended to post-employment retaliation in Stezzi v. Citizens Bank of Pa., 2012 U.S. Dist. LEXIS 143607 (E. D. Pa. no. 10-4333) (O’Neill, J.)(October 4, 2012), where shortly after her employment was terminated the Plaintiff filed an EEOC Charge alleging race, sex and age discrimination. Five days after receiving notice of the EEOC Charge the employer appealed a decision awarding Plaintiff unemployment compensation benefits. In Stezzi, the Court found that an employee can satisfy the “adverse employment action” of a prima facie case of retaliation by relying upon retaliatory action taken against the employee even when the employee had already been terminated.

For more information about Retaliation Claims and Abramson Employment Law see


Leave a comment

Filed under Employment Law, Retaliation

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s