The Limits of Retaliation: How Employees Lose Protection and How Employers Can Be Ready

Although Title VII’s protection against retaliation is intended to be broad, that protection is not without limits. For instance, nothing in Title VII immunizes—or otherwise requires that an employer abstain from disciplining—an employee who behaves in an unduly disruptive or uncooperative manner, who commits illegal acts, or who unreasonably discloses confidential information. In this article, the authors discuss the circumstances under which an employer can take non-retaliatory adverse actions against an employee based upon the employee’s bad actions.

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