[mysticmarvel]

This is all totally true.

It is also totally true that you are not squeaky clean in your employment (never been late once? Never missed a deadline?), and that your performance management targets are set by the people against whom you are protesting. You can be performance managed out of a position in months, even if your right to protest is protected and you are literally a Saint in the workplace.

I'm not saying it's right, just that I've seen it done. There is always a way to remove "difficult" employees regardless of protection laws.

[tptacek]

So, I believe this, but what gives me comfort here is having seen companies try to performance-manage people out (for legit reasons!) and fail because of protected-class problems. As soon as you can credibly allege retaliation, your case gets 100x more expensive to dispose of. In two companies, one of which I had a senior role at at the time, I've seen the companies cave and pay out to make them go away.