Workplace Retaliation Remains a Problem

Reluctance to report an employer for unfair treatment based on disability, race, sex, age, religion or national origin is common. Especially in a tight economy the fear of losing a job is all the more real. Yet federal law prevents an employee from being fired for fighting back against discrimination.

Under federal law, an employer cannot retaliate against an employee who files a discrimination action. The Equal Employment Opportunity Commission's (EEOC) defines workplace retaliation as when an "employer, employment agency or labor commission takes an adverse action against a covered individual because he or she engaged in a protected activity."

When is a Workplace Retaliation Claim Appropriate

Employees who commence a discrimination action against their employer are protected under federal law, even if the complaint is later determined to be unfounded. Employees are also protected after they ask their employer to make reasonable disability or religious accommodations or point out unlawful discriminatory practices. In addition, federal law protects close associates of the employee, such as a spouse.

An employer many not take adverse action against an employee for bringing a discrimination claim. An adverse action, for example, is when an employer discourages an employee from filing a discrimination action through intimidation. Some other adverse actions may also include:

• Terminating or refusing to hire or promote the employee and
• Threatening the employee or giving unjustifiable negative performance evaluations.

Before bringing concerns to an employer, it would be well advised to contact an attorney. An experienced employment law attorney can evaluate the situation, confirm a claim is valid and advise the best way to proceed.

Source: U.S. Equal Employment Opportunity Commission, "Facts About Retaliation."