If your employee count falls within the previously defined parameters your company can be cited by the U.S. Equal Employment Opportunity Commission for a violation of Title VII that includes discrimination and harassment.
Retaliation is a tort, which involves civil penalties including punitive damages.
A court of competent jurisdiction may impose punitive damages upon an employer who intentionally violates the laws or where malice is present during employment decisions. A good example of the parameters of Title VII can be found in the employee handbook provided that the employer has included the policy of equal employment.