Most workers know that there are laws to protect them from harassment and discrimination, but many don’t know that those same laws also protect them from retaliation. An employer can’t punish a worker for complaining about harassment or discrimination; punishment can include being denied transfers and raises, being demoted, or being terminated. Below, the Law Offices of Filteau and Sullivan will help you understand more about workplace retaliation.
Retaliation Explained
Workplace retaliation occurs when an employee is punished for performing legal activities. Actions can include harsh discipline, reduction in salary, shift reassignment, and termination, but many retaliation cases are more subtle. For instance, if a parent with toddlers complains about harassment and is reassigned to a different shift, it could be considered retaliation. If an employer’s actions would deter a reasonable person from complaining, it is considered retaliation.
When Retaliation is Prohibited
Federal law protects workers from retaliation after a complaint to the HR department or to the EEOC, and the protection stands as long as the complaint was made in good faith. Laws also protect those participating in EEOC investigations. Other federal laws protect whistle blowers (those who complain about hazardous work conditions).
How to Spot Retaliation
Sometimes, it is difficult to distinguish whether an employer is engaging in retaliatory practices. Attitudes can change after a complaint is made, but if the changes are for the better, it’s not considered retaliation. However, if you’re demoted or fired shortly after making a complaint, you have a valid reason to be suspicious. Not all forms of retaliation are obvious or threatening to your job; poor performance reviews, office micromanagement and other passive-aggressive behavior can be considered retaliatory behavior.
Building Your Case
If you think that you’ve faced retaliation and your employer refuses to rectify the situation, you need to establish a link between the complaint and the behavior. The more substantiation you have for your claim, the greater your chance of success. Document all retaliatory behaviors, and refer to records (such as emails and performance reviews) made before the complaint. Workplace retaliation is illegal, and if you’ve been retaliated against, you have the right to bring legal action. Call a Houston Retaliation Lawyer for help building your case against a current or former employer.
