RETALIATION IN THE WORKPLACE
What is Retaliation in the Workplace?
Retaliation is a frequently misused term used to describe negative and adverse actions taken against an employee. Importantly, retaliation in the workplace occurs when an employer, supervisor, or other authority figure takes adverse action against an employee as a response to the employee engaging in a legally protected activity. In some instances, this may include filing a complaint, reporting misconduct, participating in an investigation, or opposing discrimination or harassment. Retaliation is illegal under various laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA).
Here are a few examples of protected activities:
- Reporting discrimination, harassment, or safety violations;
- Filing a complaint with a government agency like the Equal Employment Opportunity Commission (EEOC);
- Participating in an investigation or lawsuit related to workplace rights; or
- Requesting accomodations for a disability or religious practices.
Examples of Retaliation
- Firing or demoting an employee.
- Reducing an employee's hours or pay.
- Assigning undesirable or less favorable tasks.
- Excluding the employee from opportunities like training or promotions.
- Harassment or hostile treatment.
How to Recognize Retaliation
- First, there must be a protected activity by the employee.
- Then, an adverse action by the employer must occur.
- Lastly, there must be a clear connection between the protected activity and the adverse action.
What to Do if You Experience Retaliation
- Document incidents of retaliation (dates, actions, witnesses, and communications).
- Report the retaliation to your HR department or a higher authority within the company. In writing is ideal.
- File a complaint with the EEOC or another relevant agency if the retaliation persists.
- Retaliation laws exist to encourage employees to speak up about violations without fear of punishment.