Understanding Retaliation in the Workplace: Your Rights and Legal Recourse

Retaliation in the workplace is a serious issue that affects countless employees every year. At Perkins Law Firm, we believe that understanding your rights and the legal recourse available to you is crucial in fostering a fair and just working environment. This blog post aims to shed light on what retaliation is, provide examples of retaliation cases, and explain what you can do if you believe you are a victim.

What is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. These activities can include filing a complaint about discrimination or harassment, participating in an investigation or lawsuit, or reporting unsafe working conditions. Retaliatory actions can range from demotion, termination, or salary reduction to more subtle forms like negative performance reviews, exclusion from meetings, or changes in job responsibilities.

Legal Framework Protecting Employees

Several federal laws protect employees from retaliation, including:

• • Title VII of the Civil Rights Act of 1964: Prohibits retaliation based on complaints about discrimination on the basis of race, color, religion, sex, or national origin.
  • Age Discrimination in Employment Act (ADEA): Protects employees who are 40 years of age or older from retaliation for reporting age discrimination.
  • Americans with Disabilities Act (ADA): Protects individuals with disabilities from retaliation for asserting their rights.
  • Occupational Safety and Health Act (OSHA): Protects employees who report unsafe working conditions.
  • Whistleblower Protection Act: Shields employees who report government or company misconduct from retaliatory actions.

Examples of Retaliation Cases

1. Whistleblower Retaliation: In 2019, a case involved an employee who reported financial irregularities within his company. Shortly after, he was demoted and eventually terminated. The court ruled in favor of the employee, highlighting the importance of protecting those who expose wrongdoing.
2. Discrimination Retaliation: An employee filed a sexual harassment complaint against her supervisor. Following her complaint, she was given poor performance reviews despite previously receiving excellent evaluations. She successfully sued her employer for retaliation, receiving compensation for lost wages and emotional distress.
3. Safety Concerns Retaliation: A factory worker reported unsafe working conditions to OSHA. In response, the employer reduced his hours and changed his shift to the least desirable times. The court sided with the worker, emphasizing that employees should not face adverse actions for prioritizing workplace safety.

What To Do If You Experience Retaliation

If you believe you are a victim of workplace retaliation, taking the following steps can help protect your rights:

1. Document Everything: Keep detailed records of all incidents that you believe constitute retaliation. This includes emails, memos, performance reviews, and any other relevant documents.
2. Report the Retaliation: Notify your HR department or supervisor (if appropriate) about the retaliatory actions. Having an internal record can be crucial if you decide to pursue legal action.
3. File a Complaint with the EEOC: The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws against workplace discrimination and retaliation. Filing a complaint with the EEOC is a prerequisite to bringing a lawsuit under Title VII, the ADA, or the ADEA.
4. Consult with an Attorney: Retaliation cases can be complex and challenging to navigate. Consulting with an experienced employment attorney can provide you with guidance on the best course of action and increase your chances of a favorable outcome.

Conclusion

Retaliation in the workplace undermines the principles of fairness and justice. At Perkins Law Firm, we are committed to protecting the rights of employees and ensuring that they can work in an environment free from fear of retaliation. If you believe you have been retaliated against, don’t hesitate to contact us for a consultation. Together, we can help you navigate the legal landscape and achieve the justice you deserve.

For more information or to schedule a consultation, visit our website or call us at 205-558-4696. Your rights are our priority.