Retaliation is one of the most frequently reported allegations in workplaces, both at the federal and state levels. A significant percentage of complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC) involve retaliation.
It’s unlawful for an employer to take adverse action against an employee for exercising a legal right, yet it happens. Here is what to know about it:
Engaging in a protected activity
Retaliation typically occurs after an employee engages in a protected activity. This can be filing a discrimination complaint, reporting harassment, whistleblowing or requesting a reasonable accommodation.
It can also happen after an employee refuses to follow orders that are illegal or discriminatory. For instance, when a hiring manager fails to follow an instruction not to hire candidates of a specific race/national origin, or when an employee refuses to participate in fraudulent billing practices.
Moreover, an employee may face retaliation for protecting others. For example, when they actively intervene to stop inappropriate behavior toward a colleague or help a colleague report a violation.
How does retaliation happen?
Any adverse action against an employee who engages in a protected activity can be considered retaliation. These include:
- Demotion
- Exclusion from meetings/projects
- Transfer to a less desirable location
- Unexplained changes in scheduling to disrupt family obligations
- Cutting hours to reduce pay
- Increased scrutiny of an employee’s performance
- Threatening to terminate/demote/physically harm an employee
- Spreading false rumors to create a hostile work environment
- Unfavorably treating an employee’s spouse/family member who works for the same company
- Dismissal
Retaliation can be subtle or direct. You may need to pay close attention in some instances to notice it.
You can file a complaint against your employer when they retaliate against you. Get more information about the evidence you should gather and the steps to follow to protect your rights.