Retaliation: Reporting of Potential Discrimination is a Protected Activity June 23, 2022 An employee claimed discrimination based on his race. The employee emailed his supervisor complaining of unwanted, offensive, and derogatory comments based on his religion and was subjected to different terms and conditions than employees, not of his race. The complainant was terminated shortly thereafter. Although no substantial evidence of discrimination was found on the underlying religious discrimination complaint, substantial evidence was found that the termination was motivated by the complainant’s opposing discrimination. The employer asserted the employee engaged in a romantic relationship with another employee that both unreasonably interfered with the complainant’s ability to perform his job, and negatively affected department morale. Respondent also asserted a reasonably viable defense that Complainant was a political appointee and policy maker and therefore, not subject to anti-discrimination laws. Following extensive research, it was determined that there was insufficient evidence to rebut Respondent’s claim and establish retaliation. As of March 31, 2022, the case was pending closure.