Harassment and discrimination lawsuits brought by employees often focus on the acts of specific coworkers or managers. A substantial percentage of discrimination and harassment lawsuits involve allegations of retaliation.
The affected worker claims that the company punished them for reporting their concerns instead of taking appropriate action. Retaliation against workers also violates state and federal employment statutes.
What types of conduct should employees watch out for when engaging in protected activities, such as reporting harassment on the job?
Retaliation can involve any kind of punitive action
Some cases of retaliation are relatively clear-cut. An employer refuses to investigate a claim of harassment after a worker notifies human resources about their concerns. Within a week or two, that worker suddenly loses their job, possibly without a specific justification for their termination.
However, employers are often more subtle in how they retaliate. Managers and human resources professionals may start developing a case against a worker. They may write the worker up or initiate progressive discipline over minor issues. If the company starts enforcing rules that management previously ignored or disciplines one worker more harshly than their teammates, that can be a warning sign of retaliation.
Unfavorable transfers are another common form of retaliation. Companies usually need to separate workers after claims of harassment or discrimination. Choosing to move the reporting employee to a less-favorable position or a lower-paid role in the company could also constitute retaliation. Allowing information about a worker’s complaints or an investigation to leak to teammates could result in an employee enduring a hostile work environment, which could also constitute unlawful retaliation.
Workers facing punitive actions after engaging in protected activities may have grounds for a workplace retaliation lawsuit. Discussing company misconduct with an attorney can help recently-terminated workers understand their options.