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The prohibition applies when the adverse action occurs because the employee has engaged in protected activities.
The waitress filed a charge with the Board claiming the suit had been filed in retaliation for participation in protected activities.
An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations.
(b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a)(1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor.
Liberalization could have been achieved gradually, thus mitigating the losses of those with vested interests in protected activities.
Liberalization promised a return to export-led growth; however, in the case of agents with vested interests in protected activities, it would cost them dearly.
Similar(52)
The civil liberties union contends that the police have "arrested and threatened to arrest young people who have engaged in protected activity".
Michael J. Lotito, a lawyer with the management-side firm Littler Mendelson, agreed that players who protested Mr. Trump's efforts to stifle their colleagues' political gestures could be engaging in protected activity.
Furthermore, as the Court of Appeals in the present case noted, the chilling effect of a state lawsuit upon an employee's willingness to engage in protected activity is multiplied where the complaint seeks damages in addition to injunctive relief.
"We think it obvious," he wrote, "that a reasonable worker might be dissuaded from engaging in protected activity" like filing a charge of discrimination "if she knew that her fiancé would be fired".
The Court of Appeals enforced the Board's order in its entirety, 660 F.2d 1335 (CA9 1981), holding that substantial evidence supported both the Board's findings that the employer's "lawsuit lacked a reasonable basis in fact, and that it was filed to penalize Helton and the picketers for engaging in protected activity". Id., at 1342.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com