Employees are becoming increasingly aware of their rights and social responsibilities. More often than ever before, people dare to speak up and seek justice when they feel they have been mistreated in the workplace. Moreover, many behaviors and attitudes that used to be widely accepted are now being recognized as harmful and condemned.
Yet, not all such stories have happy endings. Sadly, in many cases, these brave employees face even more difficulties. These situations have become so prevalent that there’s even a law specialization, the so-called whistleblower lawyer, that takes care of such cases.
Workplace retaliation occurs when someone tries to exercise their legal rights, usually regarding protection from harassment or discrimination, and faces the consequences from their employer. It can take many forms, but it’s vital to remember that the law protects workers from retaliation as well.
Below, we delve deeper into the subject, expanding on what work retaliation is, what can incite it, and what to do when you have to face it.
What Is Workplace Retaliation?
Retaliation, in general, is a response to someone’s actions, typically negative. In the workplace, it can manifest itself in many ways: firing an employee, moving them to a worse position, giving them a bad performance review, and more. It’s meant to dissuade employees from taking action against their employers for fear of suffering similar consequences.
What Can Incite Workplace Retaliation?
Workplace retaliation occurs when someone faces an adverse action from their employer (or someone acting on behalf of their employer) due to them exercising their legal rights or whistleblowing.
Here is a list of things that can incite workplace retaliation:
- Protection from harassment or discrimination;
- Executing the right to take leave under the Family Medical Leave Act;
- Organizing a union;
- Reporting misconduct or accidents in the workplace;
- Refusing to do something which your employer asks you to do because you think it might be harmful to you or the people around you (e.g., if your boss asks you to lie about how long you were sick for);
- Filing for workers’ compensation when you were punished for calling in sick too many times;
- Filing for workers’ compensation when you were punished for being too ill to work;
- Taking time off work to fulfill a legal obligation (for example, attending court hearings);
- Taking time off work to serve on jury duty;
- Filing a claim with the EEOC (Equal Employment Opportunity Commission);
- Refusing to perform illegal activities asked by your employer or superior;
- Refusing to fix safety violations (e.g., if your boss tells you to go into a dangerous area without safety gear).
In some cases, simply being associated with someone who has exercised one of these rights can be enough to invite retaliation. This is particularly true in cases where the employer fears losing customers or facing bad publicity.
What to Do in Case of Workplace Retaliation?
There are many ways to deal with workplace retaliation. If you feel that you’ve been, or are going to be, retaliated against, your first move should be to talk to a lawyer and learn your rights under the law. You can also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC’s mission is to investigate discrimination and retaliation claims and take action to stop them, thus ensuring that workers are treated equally. Cases of workplace retaliation are taken very seriously by the EEOC, meaning that filing a complaint will not put your job or future employment opportunities in jeopardy.
Any employee who has been subjected to negative actions on the basis of exercising their legal rights can consider whether they have been subjected to retaliation and file a complaint.
Your best bet, though, is to act as soon as possible. Don’t wait until you’ve started seeing negative repercussions at work because it will be more challenging to prove your actions caused them.
To successfully claim retaliation, you’ll need evidence of how you were treated differently from before. For example, if your boss has always been rude to you but suddenly started acting like you were their best friend only after you complained about harassment, be ready to prove it.
The same goes for any other employee from whom you might have sought support. If they’re now being treated differently, make sure you have evidence to back up your claims.
You could also try documenting everything in writing, such as emails you write to your employer or notes on what happens every time you face retaliation.
As mentioned above, some laws shield employees from retaliation. Make sure to familiarize yourself with them and know how to protect your interests.
For example, the Americans with Disabilities Act protects workers with disabilities from retaliation when they complain about harassment or discrimination. The Family Medical Leave Act prevents employers from punishing employees who take leave due to pregnancy, childbirth, or a family member’s medical condition.
On the other hand, the Fair Labor Standards Act protects employees who report violations of any labor laws, including minimum wage and overtime legislation.
The Bottom Line
Workplace retaliation is a serious issue that can have devastating consequences for employees. However, there are laws in place to protect workers and ensure they don’t have to face the consequences for being honest, seeking justice, or standing up for what they believe in.
The best thing you can do is know your rights and learn how to deal with workplace retaliation before it happens. If you do that, you should be ready to tackle any issues coming your way.
Workplace retaliation is often challenging to prove. However, it’s not impossible. If you believe you’re a victim of an employer’s retaliation, don’t hesitate to contact a lawyer and discuss your options for protecting your rights.
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