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What are Some Examples of Workplace Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for exercising their rights protected under the law. Activities that may lead to workplace retaliation may include:
- Refusing to commit illegal acts despite your employer’s direction or request to do so
- Requesting or taking a leave of absence under the Family and Medical Leave Act (FMLA)
- Filing a claim against your employer with the federal Equal Employment Opportunity Commission (EEOC) or the Connecticut Commission on Human Rights and Opportunities (CHRO)
- Complaining to your employer about workplace discrimination or harassment
- Whistleblowing against your employer to thwart illegal or fraudulent practices
- Filing for workers’ compensation benefits
- Participating as a witness in an EEOC or any other legal case against your employer
If you faced undue consequences or noticed other signs of retribution after engaging in any of the above acts, you may have grounds for a workplace retaliation claim.
What is Considered a Protected Activity?
A person engages in protected activity in the workplace when they:
- Oppose a practice they consider to be discriminatory
- Participate in an employment discrimination proceeding
- Engage in other protected EEO activity
Related Article: Protected Classes in California
What to do if You've Been Retaliated Against in the Workplace
If you've been the victim of workplace retaliation, you should contact an employment lawyer for legal advice immediately. Many employment laws have their own protocol to follow, and not adhering to them can jeopardize your legal rights.
State and federal anti-discrimination laws mandate that you report complaints to the human resources department first. If this step is not followed, it can threaten your workplace retaliation case.
If the claim falls under Title VII, the next step is to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC), which will mediate between you and your employer in an attempt to resolve the issue.
If no such resolution is agreed upon, or if your employer fails to act in good faith, EEOC will investigate the matter. Following the investigation, the agency may take over the case for you or may issue a Right to Sue Letter, which allows you to take your claim to court.
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FAQs
What should an employer do if they receive a retaliation complaint?
Employers should take all retaliation complaints seriously, conduct a thorough and impartial investigation, document the findings, take appropriate corrective action if needed, and ensure that the complainant is protected from further retaliation.
Can a retaliation claim be settled out of court?
Yes, retaliation claims can often be settled out of court through negotiations between the employee and employer, sometimes with the assistance of mediators or legal representatives. Settlements can include compensation and other terms agreed upon by both parties.
What is the difference between retaliation and discrimination?
Discrimination involves unfair treatment based on protected characteristics such as race, gender, or disability. Retaliation involves adverse actions taken in response to an employee engaging in a protected activity, such as reporting discrimination or participating in an investigation.
How can an employment attorney help with a retaliation claim?
An employment attorney can help by evaluating the case, gathering evidence, filing a complaint with relevant agencies, negotiating with the employer, and representing the employee in court if necessary. They provide legal guidance and support throughout the process.
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If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.