Workplace Retaliation

What Is Retaliation? retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction or job or shift reassignment. Retaliation can also be more subtle.

When is Retaliation Prohibited? Federal law protects employees from retaliation when employees complain-either internally or to an outside body like the EEOC -about workplace discrimination or harassment. That's true if the claim turns out to be unfounded, as long as it was made in good faith.

How Do You Know if Your Employer is Retaliating Against You? Sometimes, it's hard to tell whether your employer is retaliating against you. For example, if you complain about your supervisor's harassing conduct, his attitude and demeanor may change. But if the change means he acts more professionally towards you, that isn't retaliation even if he isn't as friendly as he once was. Only changes that have an adverse effect on your employement are retaliatory.

What To Do If You Suspect Retaliation- If you suspect your employer is retaliating against you, first talk to your supervisor or a human resources representative about the reasons for these negative acts. It's fair to ask specific questions. Your employer may have a perfectly reasonable explanation-you've been moved to the day shift because there's an opening, and that's what you'd said you always wanted, or your poor performance review may be based on documented problems you'd been told of previously.

Building A Case of Retaliation- If you suspect retaliation and your employer won't correct the problem, you will need to show a link between your complaint ( or other behavior that you believe triggered the retaliation) and the employers retaliatory behavior. The more evidence you have in support of your claim, the better.

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