Most employees already know that workplace discrimination and harassment are illegal. What they might not realize is that the law also protects workers who report those problems or exercise certain legal rights.
When an employer punishes an employee for engaging in protected activity, such as reporting misconduct, that punishment may be considered unlawful retaliation. Understanding what retaliation looks like can help them recognize when an employer’s actions cross the line from a legitimate business decision into unlawful conduct.
What is workplace retaliation?
Workplace retaliation occurs when an employer responds negatively toward an employee because the employee engaged in a legally protected activity, such as:
- Reporting discrimination or harassment
- Filing a complaint with human resources
- Participating in an internal investigation
- Reporting wage violations
- Requesting a reasonable accommodation for a disability
- Taking protected leave
Termination is one of the clearest examples of possible retaliation. For example, an employee reports sexual harassment to human resources. A couple of weeks later, the employee is fired for “poor performance,” even though, up until this point, the employee had received positive performance reviews.
While the timing doesn’t automatically prove retaliation, it may raise questions about the employer’s stated reason for the termination.
But termination isn’t the only form of workplace retaliation. Some employees may notice a dramatic change in their performance evaluations after making a complaint. They have consistently received positive reviews. Suddenly, they are being criticized for issues that were never mentioned before. If the employer can’t provide documentation showing these issues existed before the protected activity, the negative review may be used as evidence in a retaliation claim.
Retaliation can also involve:
- Demotion
- Loss of responsibilities
- Cutting hours
- Changing schedules
- Excluding an employee from opportunities
- Increased scrutiny
- Threats or intimidation
If you believe your employer is retaliating against you, it’s essential to act early in protecting your rights. Document what has occurred and obtain copies of relevant emails, text messages and performance evaluations. Speak with a legal professional who can review the facts of your situation and determine if your employer has engaged in unlawful actions.