Unlawful retaliation in the workplace refers to adverse actions taken by an employer against an employee in response to the employee engaging in protected activity. Protected activity can include actions such as:
- Filing a complaint: If an employee files a complaint or grievance against their employer for unlawful practices such as discrimination, harassment, or unsafe working conditions, any adverse action taken against them in response could be considered retaliation.
- Participating in an investigation: If an employee participates in an investigation into allegations of misconduct or unlawful behavior in the workplace, they are protected from retaliation for their cooperation.
- Asserting legal rights: Employees are protected from retaliation for asserting their legal rights, such as requesting reasonable accommodations for disabilities or exercising their rights under labor laws, including the right to organize or engage in collective bargaining.
- Reporting illegal activity: Whistleblower protections extend to employees who report illegal activities or violations of laws or regulations within their organization. Retaliating against an employee for reporting such activities is unlawful.
Unlawful retaliation can take various forms, including:
- Termination or demotion: Firing or demoting an employee in response to their protected activity is one of the most severe forms of retaliation.
- Negative performance evaluations: Providing unjustifiably negative performance evaluations or reviews in retaliation for protected activity.
- Reduced hours or pay: Cutting an employee’s hours, reducing their pay, or denying them opportunities for advancement in retaliation for protected activity.
- Isolation or exclusion: Socially isolating or excluding an employee from workplace activities or meetings as a form of retaliation.
It’s essential to note that retaliation can be subtle and not always obvious. Even seemingly minor actions taken against an employee after they engage in protected activity could constitute unlawful retaliation if there is evidence of a causal connection between the protected activity and the adverse action.
Employers have a legal obligation to refrain from retaliating against employees who engage in protected activity, and employees have the right to seek legal recourse if they believe they have been subjected to unlawful retaliation in the workplace.
