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Albert is an assistant store manager for a national discount retailer. When Albert was denied a promotion to store manager he filed a claim based on religious discrimination with the EEOC, which was eventually denied. After the claim, Albert was transferred to be the assistant store manager at a location requiring a 97-mile round trip commute that takes about four hours of travel time per day. His previous worksite had been only 15 minutes from his home.

Since Albert retained his position in the company as an assistant store manager and he kept the same pay level, this is not retaliation. This action is ex post facto evidence of retaliation. The employer is not vulnerable to a charge of retaliation because Albert's charge of discrimination was denied. This action could be considered retaliation.

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