One of the advantages of a retaliation claim, as compared to other claims, including discrimination and harassment claims, is the fact that even if you can't prove the underlying harassment or discrimination claim, you might still be able to prove the retaliation claim. A recent case McCoy v Pacific Mar. Ass'n (2013) is a classic example of that situation. In that case, an employee McCoy, who was working as a marine clerk filed a discrimination lawsuit. After the lawsuit was settled, she claimed that during the job training that took place afterwards, the vessel planners retaliated against her by giving her a less desirable room, which increased her isolation from the rest of the vessel planning staff. She presented additional evidence of retaliation in a form of sexual harassment during training and other unfavorable treatment toward her by the same key managers who she brought her earlier claims against.
Although the court actually rejected the jury's substantial verdict to McCoy on discrimination claims and determined that there is not evidence to support a discrimination claim, the court also found that there was substantial evidence supporting the conclusion that the employer unlawfully retaliated against McCoy for engaging in a protected activity, and that McCoy suffered damages as a result. This allowed McCoy to recover significant award despite having her discrimination claim tossed out.
Although the court actually rejected the jury's substantial verdict to McCoy on discrimination claims and determined that there is not evidence to support a discrimination claim, the court also found that there was substantial evidence supporting the conclusion that the employer unlawfully retaliated against McCoy for engaging in a protected activity, and that McCoy suffered damages as a result. This allowed McCoy to recover significant award despite having her discrimination claim tossed out.
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