Workplace retaliation is a common basis of discrimination in employment cases, and state and federal laws provide protections for employees who oppose illegal discriminatory practices. Employees have the right to communicate with supervisors or managers about discrimination, inquiring about salary information, resist sexual advances, request accommodation for disabilities or religious practices, and file a discrimination case without fear of retaliation.
Though this is not an exhaustive list of all protected activities, it serves as an example of what actions employees and former employees can engage in and be protected from receiving retaliation from their employers. Retaliation can take many forms, including demotion, reprimand, transfer, threat, scrutiny, and termination, and employers who engage in such behavior can be held liable. These types of adverse actions can lead to affected employees filing a claim with the ERD and/or EEOC.
To preserve their claims, employees are required to file a claim with the ERD and/or EEOC within 180 days (or up to 300 days in some cases if the retaliation violates both state and federal law).
Though the employer is well within their rights to give honest performance evaluations, lying on the evaluation or unfairly scrutinizing an employee after engaging in a protected activity could lead to claims of retaliation.
To prove retaliation, employees must provide thorough documentation, including dates, times, and people involved. Keeping track of conversations, emails, calls, documents, or other relevant events is crucial, and witnesses who can testify about the event in question can also strengthen a case. It is also important to remember that participating in a discrimination case is a protected activity, so witnesses can feel safe they are covered by the same laws.
Workplace discrimination and retaliation can lead to low morale, low productivity, and poor job satisfaction, but there are ways to address the problem. Mutual respect and honest communication can go a long way. Further timely, fair, and proper investigations can also help stem or prevent continued discrimination and prevent acts of retaliation. At our law firm, we offer free legal consultation with our employment attorneys who can help employees and employers, alike, navigate their legal options. Call us today at 414-585-0588 to schedule an appointment.
