Society For Human Resource Management (SHRM) Certified Professional Practice Exam

When might an employer legally terminate an employee post-discrimination proceeding?

1. When it's a result of performance issues

2. When there is an occurrence of policy violation

3. When there is documented misconduct

4. When retaliation can not be proven

The correct answer is: When retaliation can not be proven

The most appropriate choice is that an employer may legally terminate an employee after a discrimination proceeding when retaliation cannot be proven. This is grounded in the principle that while employees are protected from retaliation for filing discrimination claims, employers retain the right to terminate employees for legitimate, non-retaliatory reasons. If an employer can demonstrate that the termination is based on valid factors, such as performance issues, policy violations, or documented misconduct that are unrelated to the discrimination proceeding, then their actions are justified legally. The absence of proof of retaliation means that the termination is not linked to the employee's protected activity, allowing the employer to proceed without violating anti-retaliation laws. Thus, an employer can make employment decisions based on credible business reasons if those decisions are independent of any discriminatory intent or retaliation.