Did you know that according to the most recent employment discrimination statistics, retaliation has the highest number of discrimination charges in the United States totaling 37,898 cases or 51.60% of overall cases?
We firmly believe that workers should be able to express their rights without fear of retaliation, whether they are reporting misconduct, participating in an investigation, or claiming their rights. In California, FEHA or Fair Employment and Housing Act protects employees who are facing retaliation, discrimination in race, gender, disability, and more.
Learn what constitutes workplace retaliation and how it affects both individuals and the firm’s overall culture.
Definition of Workplace Retaliation
Workplace retaliation refers to any negative action taken against an employee in response to their participation in protected activities, such as reporting discrimination, harassment, or illegal activities.
Workplace retaliation includes demotion, termination, a reduction in pay, or even hostile behavior towards the employee. Retaliation can manifest in various forms, and both employees and employers need to recognize and prevent such behavior in the workplace.
Legitimate disciplinary actions are typically based on poor performance or violations of company policies, while retaliation targets employees for speaking up or asserting their rights. By educating employees and management on what constitutes retaliation, organizations can create a culture of transparency and accountability, fostering a more positive work environment for everyone involved.
Examples of Retaliatory Actions
As mentioned, retaliation can take various forms, all of which are harmful to a healthy work environment. If you report discrimination or harassment and your employer responds by demoting you, reducing your pay, or assigning you undesirable tasks, this could be considered retaliatory. Another example is if you file a complaint about unsafe working conditions and your supervisor begins to exclude you from important meetings or opportunities for advancement in response, this can be a form of retaliation.
Protected Activities in the Workplace
Engaging in protected activities in the workplace secures your rights and promotes a fair and respectful work environment. These activities are legally covered by various employment laws. Participating in investigations, filing complaints, or exercising your rights provided by labor laws are protected activities.
If you participate in a protected activity, such as cooperating with an investigation or supporting a colleague’s claim, and experience sudden negative performance reviews or unjustified disciplinary actions soon after, this may also constitute retaliation.
Signs of Workplace Retaliation
One common sign is experiencing sudden negative changes in your work environment, such as being excluded from meetings or projects you were previously involved in. Another red flag is receiving unjustified disciplinary actions or poor performance reviews shortly after being a part of a protected activity. If you notice a sudden shift in your supervisor or coworkers’ behavior towards you, like increased hostility or isolation, it could be a sign of retaliation.
Changes in job duties that seem designed to make your work more challenging or less desirable may also indicate retaliation. Being denied opportunities for advancement or training that you’d typically be eligible for is another potential sign of retaliation in the workplace. Pay close attention to these signs and document any instances that make you feel targeted for engaging in protected activities.
Legal Remedies for Retaliation
Consider consulting with an employment lawyer to explore legal remedies for workplace retaliation. If you believe you have faced retaliation at work, you must understand your rights and the options available to address the situation. Legal remedies can help you seek justice and hold accountable those responsible for the retaliation.
One common legal remedy for workplace retaliation is filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of retaliation and may take action against employers who’ve violated anti-retaliation laws. Another option is to file a lawsuit against your employer for retaliation. In such cases, you may be able to seek compensation for damages suffered by the retaliation.
Some states have specific laws that protect employees from retaliation in certain situations. These laws may provide additional avenues for legal recourse. By seeking legal remedies for workplace retaliation, you can work towards ensuring a fair and respectful work environment for yourself and others.
Conclusion
Workplace retaliation can take many forms, from demotions to hostile work environments. You need to recognize the signs of retaliation and understand your rights as an employee. By speaking up and seeking legal remedies, you can protect yourself and hold employers accountable for their actions. Don’t stay silent if you believe you’re being retaliated against; take action to guarantee a safe and fair work environment.