Protecting CT Employers from Retaliation-Based Attacks

 Posted on November 29, 2025 in Business Law

Connecticut employers face a unique challenge: even when discipline is consistent, well-documented, and appropriate, employees may still file retaliation claims with the Equal Employment Opportunity Commission (EEOC) or the Commission on Human Rights and Opportunities (CHRO). Because Connecticut law vigorously protects employees who make internal complaints or request accommodations, virtually any disciplinary action taken afterward can be portrayed as retaliatory.

For employers, the key is not only proving that the discipline was warranted, but showing the decision was made for legitimate business reasons, consistent with company policy. It must also be clear that the disciplinary action is independent of any protected activity. An experienced Greenwich, CT employment lawyer can help employers understand how to ensure that disciplinary measures are not retaliatory.  

What Counts as Protected Activity in Connecticut?

Employees are shielded from retaliation when they report or oppose discrimination or harassment, file or threaten to file a CHRO complaint, or participate in an internal investigation. Employers may not retaliate when an employee participates in an internal investigation or requests an accommodation for a disability or pregnancy. Finally, an employer may not retaliate when an employee reports safety violations or misconduct, or uses CT FMLA, paid sick leave, or CT paid leave (CTPL). When an employee engages in any of these activities, employers must tread carefully, but do not need to stop enforcing reasonable policies.

What is the Legal Framework for Connecticut Retaliation Claims?

Under federal law and the CHRO, a retaliation claim often follows this process:

• An employee alleges he or she engaged in a protected activity and suffered an adverse employment action as a result.
• The employer presents a legitimate, non-retaliatory reason for the adverse employment action.
• The employee attempts to prove that the explanation is a pretext for the adverse employment action.  

Documentation by employers for any type of disciplinary action is essential, not optional, particularly when it comes after a protected action by the employee. Even when discipline is justified, retaliation claims arise when an employee assumes his or her complaint provides immunity from any type of disciplinary action. If a manager handles a disciplinary action clumsily following an employee complaint, or if documentation for the action is sparse or inconsistent, the employee may have a retaliation claim.

It is also extremely important within an organization that enforcement is not disparate across departments, or this could fuel a retaliation claim. Employers must also ensure that the timing of a disciplinary action is not suspicious, such as occurring immediately after a complaint. Retaliation claims are often easier for employees to win than discrimination claims because the issue is motive, and motive can be inferred from timing or circumstantial evidence.

The Best Employer Defenses Against Retaliation Claims

Documentation is the very best employer defense against retaliation claims. Strong documentation includes repeated warnings, coaching notes, attendance logs, performance metrics, written expectations, and documented investigations. If the employee’s issues predate his or her complaint, this is the strongest argument for the employer.

This is also the strongest argument for never letting poor performance go without documentation, in the hope that it will improve.  If a retaliation complaint goes to court, the employer will be asked to show that policies are uniformly followed and that similarly situated employees received the same discipline.

If the manager who disciplined the employee was unaware of the employee’s complaint, this shows independent decision-making. Employers may be able to beat timing-based allegations by showing that the disciplinary process began before the complaint, and that performance issues were ongoing. Connecticut employers must be prepared for a deep dive; delayed documentation, deviations from written policy, and unexplained inconsistencies can create exposure.

Contact a Greenwich, CT Employment Attorney

Retaliation claims can be costly, time-consuming, and damaging, even when the disciplinary decision was completely justified. A highly skilled Greenwich employment lawyer from Ivey, Barnum & O'Mara, LLC can help Connecticut employers build strong documentation, conduct defensible investigations, and take action without increasing legal risks. Our attorneys are actively involved in many civic and charitable organizations, including serving in the U.S. Congress and the U.S. Senate. Call 203-661-6000 to schedule your free consultation.