Legal Question in Employment Law in Oregon

Re: termination

Title VII makes it unlawful �for an employer to discriminate against any of his employees * * * because [the employee] has opposed any practice made an unlawful practice by [Title VII], or * * * has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under� Title VII. 42 U.S.C. � 2000e-3(a). To establish a case of unlawful retaliation, a plaintiff must show: (1) that he or she engaged in protected activity (by opposing, filing a charge, or participating in the investigation of unlawful conduct); (2) that he or she was subjected to an adverse employment action (for example, got fired); and (3) that the adverse action was because of the protected activity. The burden then shifts to the employer to advance a legitimate, non-retaliatory reason for the adverse action, whereupon the employee may attempt to show that the reason is pretextual, or not the true reason for the termination. A complaining employee is protected from retaliation as long as he or she reasonably believed that the opposed practice was in violation of Title VII.

In your case, getting fired for opposing the use of gender in hiring decisions would be a violation of Title VII. The focus in such a case will be showing that it was your opposition to this illegal conduct that caused the employer to fire you, as opposed to some other reason. If the reason stated by the employer doesn�t make sense under the circumstances, or for some other reason the stated reason can be shown to be false, you may establish the violation.

These cases, involving the real reason behind an action against an employer, can present difficult proof issues. You should seek the advice of an experienced employment attorney to discuss your case without delay. You have only a limited time to commence an action against your former employer. For example, your Title VII claim must be commenced within 300 days from the date of the improper conduct, and under state law you have only 365 days. Act promptly. If you delay, your rights may be lost forever.

NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.