A seldom used tool in the employment lawyer’s toolbox is the post-employment retaliation provisions of Title VII. Under Section 704(a) of Title VII, a plaintiff is entitled to bring a retaliation action against a former employer for alleged retaliation that occurs even after the employment relationship has ended, see Charlton v. Paramus Board of Education, 25 F.3d 194, 200 (3d Cir. 1994). Courts have held Title VII or other similar statutes prohibit certain post-employment acts reasoning that the term “employee” includes a former employee as long as the alleged discrimination is related to or arises out of the employment relationship.

The framework for post-employment retaliation claims is essentially the same as generic retaliation claims. A plaintiff must establish a prima facie case by demonstrating that: he engaged in an activity protected by Title VII; the employer took an adverse employment action against him; and there was a causal connection between his participation in the protected activity and the adverse employment action.