It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or discipline) after a discrimination claim has been made, you should take care to proceed along the lines previously contemplated and document legitimate, nonretaliatory reasons for taking such action. Doing so can help you defend against a slew of allegations that the adverse actions are retaliatory.
