The anti-retaliation provision of Title VII of The Civil Rights Act of 1964 ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a person claiming to be aggrieved" to file a charge with the U.S. Equal Employment Opportunity Commission (the "EEOC") alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, the statute permits a civil lawsuit to "be brought . . . by the person claiming to be aggrieved . . . by the alleged unlawful employment practice." 42 U.S.C. § 2000e-5 (b), (f)(1).
While she has witnesses who will back up her story regarding the physical assault, the racial characterization is a critical element of her retaliation claim. Her demotion is clearly sufficient to form the basis of an adverse employment action, however, the connection to that action and her race is tenuous based on the article.
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