Retaliation has been the primary complaint filed with the U.S. Equal Employment Opportunity Commission (EEOC). The number of employees claiming discrimination, harassment, and retaliation in 2024 was 14.7 per 1,000 people. There is an expectation for this ratio to go up this year.
Workplace retaliation occurs when an employer takes adverse action against an employee for asserting their legal rights or for reporting illegal conduct. Such actions may include demotion, dismissal, salary reduction, shift changes, or a hostile environment during investigation or complaints as a reaction to such complaints.
According to retaliation lawyer Esperanza Anderson, an employee who suffers sanctions for claiming their legal rights may file a retaliation action against the employer. Both federal and state laws affirm the prohibition of retaliation. The employees, therefore, can complain about discrimination, harassment, health and safety violations, and other improper practices without the fear of suffering reprisal.
Let us examine the laws on workplace retaliation and their implications for employees.
Legal Definition of Workplace Retaliation
Retaliation is a negative reaction from the employer to an employee’s protected actions, such as reporting discrimination or taking part in an investigation.
This legal definition protects your rights as an employee. The law is on the worker’s side if one wishes to expose any illicit or unsafe company transaction or practice.
It’s a matter of letting you keep your dignity without having to leave your job. You have acquired the skill of identifying cases wherein your rights may be trampled on merely through comprehending this definition. Never forget that you are entitled to a workplace where your concerns can be expressed freely and without any punitive consequences.
Examples of Retaliatory Actions
It is important to know how to identify the many forms of retaliation, as it can manifest in many different ways. According to a workplace retaliation lawyer in Charlotte, state and federal laws clearly prohibit employers from taking adverse action against employees who file workers’ compensation claims. Once you have lodged a complaint, you might suddenly experience enormous changes in your work projects, or your evaluation might have adverse outcomes. Your colleagues might even behave as if you were never around during their meetings or social gatherings.
Being skipped for promotion or raise, or suffering from unfair punishment, can also be associated with retaliation. Your employer could turn the workplace into a hostile place or reduce your working hours without any valid reason, which may also be hints of revenge.
It is very important to monitor such behaviors since they can greatly influence your feeling of belonging and satisfaction with the job.
Understanding the term “retaliation” is not just a way of personal protection but also an instrument for the establishment of a more welcoming atmosphere in the workplace.
Protected Activities Under Employment Law
Your input in the form of legal complaints can help create a fairer environment in your workplace. The legal system has provisions that protect reporting discrimination or harassment. The law on the protection of equal employment rights covers the participation in the investigation process and filing liaisons with government agencies too.
All these activities can be done to protect your human rights or the rights of your colleagues. Taking such actions would change the work environment to one of recognition and respect for everyone. You could be an advocate for a safe work area or ask for accommodations that cater to your disability.
All these activities have immense importance, as they secure your rights and provide the opportunity for others to speak out. Be aware that your participation in these protected activities is a right and informing others about it is a step towards the establishment of a community that is supportive of all and where everyone can flourish.
How to Report Workplace Retaliation
If you consider legal actions to be the primary cause of your suffering, it is advisable to assert your right. Record the time, the place, and those present when the retaliatory “incident” occurred.
Collecting evidence is an important aspect of your case. Check the policy manual of your employer for retaliation reporting. Usually, the manual specifies the detailed procedure to be followed in case of retaliation. You can express your concerns either through HR or the supervisor you trust.
If the HR process does not produce a satisfactory result, referring the matter to the EEOC is another option. It is well within your rights to pursue a claim against workplace retaliation.
Legal Protections for Employees Against Retaliation
Dealing with retaliation is quite challenging and can even cause trauma. These harmful effects make it necessary for an individual to realize that the labor force possesses different legal safeguards. Once an employee reports discrimination, harassment, or other unlawful acts, the law will protect the employee by prohibiting the employer from retaliating.
The Whistleblower Protection Act is one of the federal statutes that grant protection to workers. It grants the opportunity to any employee to raise any valid issues without the risk of being fired. Some states have adopted laws that are even more favorable to workers.
Never forget that you are not alone in the fight. The laws are there to support you and to make it a good atmosphere where you can freely and with no fear exercise your rights.
Your voice is important and it deserves to be heard.
