06/08/2026
This is one of the most important things I can share with employees who have complained about their treatment at work:
Not every complaint is a legally protected complaint.
For a complaint to trigger legal protection against retaliation, it generally must connect the treatment to something the law prohibits — i.e., discrimination based on a protected characteristic like race, s*x, age, disability, or religion, or another unlawful employment practice.
A complaint that says “I’m being treated unfairly” is different from a complaint that says “I believe I am being treated differently because of my race.”
Courts have dismissed retaliation cases — on otherwise strong facts — because that connection was missing from the original complaint.
If you have already made a complaint and you’re not sure it was specific enough: send a follow-up email today that explicitly makes that connection. Timestamped. In writing.
Share this. The gap between a complaint and a protected complaint costs people their cases every day.
Not legal advice. Consult an employment attorney for guidance specific to your situation.