What Is Workplace Retaliation and What Are Your Rights?
Workplace retaliation happens more often than people think. According to the Equal Employment Opportunity Commission (EEOC), a significant 55.8% of all employment discrimination charges in FY2023 were related to retaliation.
Retaliation is particularly prevalent in harassment cases, with 68% of sexual harassment allegations and 42% of LGBTQ+ discrimination allegations including charges of retaliation.
This fear of retaliation is so significant that 90% of employees prefer to report cases anonymously. Retaliation can take many forms, from demotion and termination to reduced hours, pay, or exclusion from opportunities.
Sacramento class action lawyer Jeffrey D. Fulton emphasizes that victims of workplace retaliation can file a class action lawsuit if they believe they are not the only ones affected by the employer’s retaliatory actions.
A class action lawsuit allows a group of people who have suffered similar harm to sue the employer collectively.
Let’s look at your rights against retaliation.
Definition of Workplace Retaliation
Workplace retaliation happens when an employer responds negatively to an employee for participating in protected activities, like reporting discrimination, harassment, or unsafe working conditions.
Taking actions like firing or demoting an employee, cutting their pay, assigning them unpleasant tasks, or fostering a hostile work environment as a way to punish them can all be seen as forms of retaliation.
It is important to recognize that retaliation is against the law and goes against several employment regulations, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Occupational Safety and Health Act.
These laws ensure that employees are protected from any backlash when they report discrimination, harassment, unsafe working conditions, or take part in investigations concerning these issues.
If you feel that you are facing retaliation in the workplace, it is really important to keep a record of everything that happens, like the dates, times, and specifics of each incident.
You should also consider seeking guidance from an experienced employment law attorney to know your options and protect your rights.
Keep in mind that you have the right to a workplace where you can feel safe and secure, free from any retaliation for standing up for your rights.
Forms of Retaliation in the Workplace
Retaliation can extend beyond professional aspects, affecting your well-being.
As mentioned, retaliation can show up in various forms, like being demoted, facing pay cuts, or receiving unfair negative performance reviews.
Your employer may keep you away from key projects or meetings, leave you out of team activities, or give you simple tasks that do not match your abilities.
You might face verbal abuse, threats of termination, or even physical intimidation. Your employer might talk behind your back, undermine your efforts, or withhold the tools you need to do your job well.
These actions foster an unwelcoming workplace that can negatively impact your mental and emotional well-being.
By being aware of the various forms of retaliation, you can better protect your rights and seek appropriate recourse if you experience retaliation firsthand.
Legal Rights Against Retaliation
As an employee, you are protected against retaliation by various federal and state laws. If you believe you have been retaliated against in the workplace, it’s important to understand your rights and options.
Under federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Occupational Safety and Health Act, it’s illegal for employers to retaliate against employees for engaging in protected activities like reporting discrimination or unsafe working conditions.
State laws may also provide additional protections against retaliation, so it’s important to be aware of the specific laws in your state.
If you experience retaliation, you have the right to file a complaint with the EEOC or your state’s Fair Employment Practices agency.
These agencies can investigate your claim and take action against the employer if retaliation is found.
Conclusion
Workplace retaliation is a serious issue that can impact your career and well-being. Understanding what constitutes retaliation and knowing your legal rights are important steps in protecting yourself.
By documenting incidents, reporting through the appropriate channels, and seeking legal advice when necessary, you can ensure your rights are upheld.
Remember, you have the right to a safe and supportive workplace free from retaliation.