Retaliation
Your Rights
Protection from Retaliation
When retaliation is permitted, it can create a chilling effect upon the willingness of individuals to speak out against discrimination or harassment in the workplace. Various federal and state laws, therefore, prohibit an employer from retaliating against an employee for making a report, participating in an investigation, or engaging in other protected activities.
What is unlawful workplace retaliation?
Unlawful retaliation occurs when an employer punishes a person for engaging legally protected activity, including making internal complaints, external complaints to governmental agencies, participating in investigations, or filing a lawsuit. Most federal and state laws that provide employee rights also prohibit employers from retaliating against employees who assert those rights.
What types of conduct can constitute unlawful Retaliation?
Unlawful retaliation can include most any negative employment action, including, but not limited to a demotion, discipline, termination, salary reduction, or reassignment. Whether an employer’s action constitutes unlawful retaliation depends on the circumstances. The key issue is whether the employer’s action would deter a reasonable person in the same situation from making a complaint.
What is the law on workplace Retaliation?
Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, The Texas Commission on Human Rights Act: Almost all laws that prohibit discrimination and harassment also prohibit retaliation against employees who make a complaint, whether internally or with a government agency or court, or participate in an investigation.
The Fair Labor Standards Act of 1938: Prohibits retaliation against employees who complain about wage and hour violations, such as an employer's failure to pay for all hours worked, pay overtime, pay the minimum wage, or misclassification.
The Occupational Safety and Health Act of 1970: Prohibits retaliation against employees who report unsafe working conditions and workplace hazards.
The Family and Medical Leave Act of 1993: Prohibits retaliation against employees who request or take leave for a serious health condition or to care for a family member with a serious health condition.
The National Labor Relations Act of 1935: Prohibits employees who join or express support for a union or who engage in concerted activities to improve their workplace conditions.
Additional Resources
U.S. Equal Employment Opportunity Commission
Examples of Potential Retaliation
I made an internal report and was Terminated
You complained to your manager or human resources about workplace discrimination or harassment based on your race, color, national origin, gender, or age. Afterwards, your employer terminated your employment. You believe that your internal complaint and termination are connected.
Increased scrutiny
You made a complaint regarding workplace conditions. Afterwards, your manager has been treating you differently, criticizing your work, and making it difficult to complete your tasks. Now your manager has issued written discipline for something you don’t understand. You know that other people are not disciplined for similar reasons, and you believe this is related to your complaint.
less desirable work conditions
You spoke up about unfair practices and your supervisor has been punishing you by making life more difficult. For example, he transferred you to a more difficult job, assigned extra duties, put you on a less desirable work shift or schedule, or refused to give you the tools to do your job. You believe that these changes are a result of your complaint.
Exclusion or abuse
You have returned from medical leave and have noticed that your supervisor and co-workers are treating you differently. You have been left out of important meetings and are not included in other work related group functions. Worse, you believe that people are spreading false rumors about your medical condition. Now the conduct has escalated to verbal abuse from coworkers and supervisors. You believe this is all retaliation for having taken medical leave.
Threatening conduct
Your manager made inappropriate sexual comments. You asked for it to stop. Now, the conduct has escalated to threats and aggressive conduct. You feel physically intimidated. Your manager is also threatening to make you look bad by spreading rumors or making false reports about you.
if you believe that your employer has retaliated against you
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