---
title: "Index an allegation of retaliation for protected workplace activity"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/index-an-adverse-action-allegation-against-the-workplace-right-provision/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-QU20261022-7-US"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Index an allegation of retaliation for protected workplace activity

> From the documents the lawyer selects, name the person said to have acted and the person affected, and list the act, its date, and the earlier complaint, union activity, or wage complaint the papers describe.…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/index-an-adverse-action-allegation-against-the-workplace-right-provision/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the documents the lawyer selects, name the person said to have acted and the person affected, and list the act, its date, and the earlier complaint, union activity, or wage complaint the papers describe. Do not decide that the act was because of that activity and do not write an application. |
| What the lawyer must review | It is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 29 U.S.C. § 157, and, by discrimination in hire or tenure or any term or condition of employment, to encourage or discourage membership in any labor organization (29 U.S.C. § 158(a)(1) and (a)(3)). Section 157 was not opened, so you open it before you treat activity as protected. Separately, 29 U.S.C. § 215(a)(3) makes it unlawful to discharge or in any other manner discriminate against an employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to the Fair Labor Standards Act chapter, or has testified or is about to testify in any such proceeding. You decide which provision, if either, fits, and you settle anything that is filed. These sections contain no adverse-action table of the Fair Work kind. |
| Written for | United States |
| Applies to | [Index an adverse action allegation against the workplace right provisions](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/index-an-adverse-action-allegation-against-the-workplace-right-provision.md) |

## Checking plan

- What the AI does: From the documents the lawyer selects, name the person said to have acted and the person affected, and list the act, its date, and the earlier complaint, union activity, or wage complaint the papers describe. Do not decide that the act was because of that activity and do not write an application.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 158(a)(3) has a union-security proviso. Read it before you describe the discrimination ban.
- Do not apply a reverse onus. None is in the opened text.

## Sources

- [29 U.S.C. § 158, Unfair labor practices](https://www.law.cornell.edu/uscode/text/29/158) (checked 2026-10-22)
- [29 U.S.C. § 215, Prohibited acts](https://www.law.cornell.edu/uscode/text/29/215) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*