Court Allows Discrimination and Retaliation Lawsuit Against SEC to Proceed

Employee rights are meaningless if workers can be punished for trying to exercise them. This is why employers cannot take adverse job actions against employees because they reported discrimination or sexual harassment on the job. Some retaliation cases can be complex however, because serious disputes frequently arise as to whether a nexus exists between the original complaint and the allegedly retaliatory behavior. This why it is critical to retain an employment lawyer who can get to the truth when your employer says there are other reasons for the actions they took.  

In Gonsalves v. Uyeda, the U.S. District Court for the District of Columbia adjudicated a matter involving an employee for the Securities and Exchange Commission (SEC) who brought workplace discrimination, retaliation and hostile work environment claims. Plaintiff Dia Gonsalves alleged that her SEC supervisors took adverse actions against her after she filed an Equal Employment Opportunity Commission (EEOC) complaint alleging discrimination based on her age and sex.

One key factor in retaliation claims is the temporal proximity between the employer’s knowledge of the protected activity and the adverse employment actions. Courts have held that temporal proximity can give rise to an inference of retaliation, but only if the timing is “very close.” While there is no bright-line rule, courts generally consider three to four months to be close enough to infer causation. In this case, the alleged retaliatory actions occurred within an eight-month period, which, combined with other evidence, was sufficient to support a hostile work environment claim according to Judge Trevor McFadden. 

Specifically, Gonsalves contended that two of her supervisors, Lauren Colon and Shalisha Bazemore, retaliated against her by giving her negative performance evaluations, assigning her work beneath her position and accusing her of being ineffective in the months after they learned of her EEOC complaint. These actions, which occurred over several months, were similar in nature and involved the same supervisors, forming a cohesive pattern of alleged retaliation. The court found that these incidents had enough connection to support a hostile work environment claim. 

Whenever you believe you are the subject to unlawful workplace retaliation, you should act promptly and document each instance of mistreatment. This is necessary to establish a clear connection between the protected activity and the adverse actions. If you believe you have been subjected to discrimination or retaliation in the workplace, Kardell Law Group  has the skill, experience and determination to press for a favorable legal resolution. We are committed to protecting employees’ rights and ensuring that workplaces are free from discrimination and retaliation. Contact us today to learn more about your legal options.