Know Your Rights: The Basics of Workplace Retaliation

Speaking up at work can be a challenge for many employees regardless of status. In the face of inappropriate behavior, harassment, or offhand comments, employees of all levels — from front-line workers to executives — can find it difficult to do the right thing and “call out” misconduct. This is not only due to the fact that many want to avoid confrontation in the workplace (especially with a supervisor,) but also because many employees fear retaliation. 

As it turns out, this fear is not unwarranted. Of workplace discrimination claims in 2018, some form of retaliation claim made up over half of all claims. With just under 40,000 employees filing workplace retaliation claims, this fear of retaliation grows increasingly justified — as does the need to know your rights as an employee and recognize signs of a retaliatory act in the workplace. In this article from Hux Law Firm, our team will touch on the basics of workplace retaliation.

What Constitutes Retaliation? 

Workplace retaliation consists of illegal conduct that can include any number of negative job actions — including a demotion, firing, reduction in pay, or a job reassignment, as well as discrimination or harassment of any kind — and occurs when an employer punishes an employee for participating in a legally protected activity. The same laws that protect employees against discrimination based on race or disability also protect them when retaliation occurs. And an action on the behalf of an employer that would prevent someone from making a complaint is considered illegal retaliation. 

While something as clearly severe as termination may be clear that an employer’s intent was retaliatory towards any reasonable person, proving retaliation can be more difficult in instances where intent is not as clear.  In these cases, federal law and court cases dictate that the individual employee situation be considered. For example: A shift reassignment may not be generally considered an adverse action, but can be considered workplace retaliation when it impacts a working parent or a student. 

What to Do When You Suspect Retaliation

As mentioned above, it can be difficult to determine when you are experiencing unlawful retaliation. If you do suspect that your employer is retaliating against you, you should try to find out if there could be other reasoning behind this supposed retaliatory action. A conversation with a supervisor or a human resources representative might be enough to ease your concerns, but if you don’t receive a legitimate explanation it could be time to voice your concern that you believe you are experiencing retaliation. 

While it is important to try and reach a resolution without further conflict, it is important to keep in mind that human resources works for the business — not for you — and you may have to escalate your concerns. In this case, filing an employment discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission. These agencies, among other local ones, protect employees and aim to prevent retaliation in the workplace.

Protect Your Rights With Hux Law Firm

Workplace retaliation can be stressful, isolating, and terrifying as employees are forced to wonder if their workplace struggles are their own fault for “speaking up.” It is important to note, however, that those that believe they are experiencing workplace retaliation are not alone — and that they have rights as employees that must be protected. If you think that you are experiencing workplace retaliation, an employment lawyer at Hux Law Firm can help you navigate next steps.