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Retaliation is illegal solely when an employer subject to EEO law (larger than 14 employees) takes overt action to harm an employee (firing, demotion, pay cut, suspension, etc.) AFTER becoming aware that the employee has filed an EEO charge for something EEO law prohibits, or expressed opposition to something EEO law prohibits, or assisted another in filing or opposing prohibited conduct.

If the employer can show it could not have known of the employee's opposition, assistance, or filing, or that the employees action opposed something NOT prohibited by EEO law (protesting discrimination against illegal aliens or homosexuals is not prohibited), there is no offense.

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