Protection in Filing a Complaint To Your Employer Under Title VII, ADA & ADEA

Protection in Filing a Complaint To Your Employer Under Title VII, ADA & ADEA

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Under the retaliation provisions of Title VI and similar to the ADA & ADEA, employers cannot retaliate against an employee because the employee has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or because the employee has opposed any employment practice that is unlawful under the Act.

The United States Supreme Court has already held that, the word “oppose” means to resist or antagonize; to contend against; to confront; resist; withstand. So, applying that definition to the opposition clause of the Act, what does it mean to "oppose" an unlawful employment practice in a Title VII retaliation claim?

 
Complaints do not have to be written to count (however, I recommend every complaint be written and a copy kept), an employee must reasonably believe the activity they are complaining about is unlawful under Title VII, ADA & ADEA. Eventually, if the activity complained about is not unlawful the employee is still protected if they reasonably believed it was unlawful. The complaint cannot be simple everyday stuff such as: co-workers disagreements, a boss telling you that you are not following policy and procedures, weak vague complaints about general office issues. The complaint must be accurate, to the point, not what everyone else is doing, specific to the unlawful activity/problem that the employer is doing.
 
If a written complaint to the supervisor brings no action, look at your Employee Manual, Policy/Procedure manual for the next step to follow.  If you do not have manuals or policies against discrimination and retaliation, send a certified letter to the HR Dept. Director or the CEO/Owner of the company (always keep copies). In small businesses many times the owner is the supervisor, HR dept., CEO, and only person to complain to, if this is the case and you have filed a formal written complaint with this person and nothing was done or if this person is the one discriminating or retaliating; then your only alternative is to consult with an employment lawyer or file a complaint with the Equal Employment Opportunity Commission or Ohio Civil Rights Commission.
 
You should always give the company the opportunity and chance to correct the activity/problem in a reasonable time. The company should keep you inform of what process is being followed and you should let the company know if the activity/problem is continuing.