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Applicants and employees have the right to a workplace free from harassment and discrimination. It’s unlawful for an employer or supervisor to retaliate against an applicant or employee for asserting these rights.
According to the EEOC, in all of the following instances it is illegal to retaliate against applicant or employee:
- For filing a harassment or discrimination complaint with a supervisor, court or the EEOC.
- For being a witness in a harassment or discrimination complaint, investigation or lawsuit.
- For answering any questions in an harassment or discrimination investigation against an employer.
- For refusing to follow any orders that would result in discrimination.
- For refusing sexual advances.
- For intervening to protect others from harassment and or discrimination.
- For requesting to be accommodated for a disability or religious practice.
- For asking coworkers or managers about salaries for the purpose of learning about wage discrimination.
What is workplace retaliation? Retaliation can include:
- Demotion or transfer to less desirable position
- Reduced pay
- Loss of benefits
- Suffering disciplinary action
- Reassignment
- Increased scrutiny
- Changing their work schedule to make their life more difficult
- Being verbally abused
- Spreading false rumors
- Punishing family members if they also work in or with the company
- Being threatened or reported to the police
- Receiving poor evaluation marks and/or given a reprimanding
- Termination
If you’ve suffered workplace retaliation, contacting an attorney may be the next step.
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