A protected activity can take an array of forms, including formal written complaints, verbal complaints, refusals to engage in discriminatory conduct and even nonverbal protests. An employee’s complaint of discrimination constitutes a protected activity even if the conduct in question cannot be proven to be discrimination, so long as the complaint is grounded in “good faith.”
An employee engages in protected activity when they make a complaint to their employer regarding sexual harassment or assault, even if the complaint is informal and/or internal. If an employer retaliates against an employee for reporting sexual harassment, the employee may be able to bring retaliation claims against their employer. Retaliation can take many forms and need not rise to the level of termination in order to be unlawful.