It takes guts to stand up to discrimination at work.
But what if the tables are turned? What if an employee is punished for filing a claim? Unfortunately, employers punish workers every day for filing discrimination claims. In fact…
Filing a retaliation claim is the most common type of workplace discrimination charge.
Let’s Break It Down:
- What is Considered Workplace Retaliation?
- Retaliation Claims and Hostile Work Environment Claims
- Proving a Retaliation Claim
- Defending Your Rights Against Retaliation Claims
Retaliation in the Workplace
Retaliation is when your employer fires you or takes other adverse employment actions against you because you participated in a protected activity.
Protected activity can include filing a complaint of discrimination, reporting harassment to your employer or human resources department, or participating in a workplace investigation. Employers cannot retaliate against you…
Is Illegal.
The number of retaliation claims employees file with the EEOC continues to grow every year.
In FY 2024, retaliation charges of 42,301 were the most frequently filed charges for the seventeenth year.
Employers cannot punish you for standing up for your rights in the workplace.
Some examples of employer retaliation include:
- Terminating your employment
- Issuing a bad performance review suddenly out of nowhere
- Excluding you from meetings
- Cutting back your hours at work
- Demoting you within the company
- Giving you a pay cut
- Unreasonably transferring you to another department
If your employer files a bad performance review or cuts your hours after you file a complaint, this is evidence of retaliation. Adverse action cannot happen after an employee complains of discrimination or harassment.
Retaliation Claims and Hostile Work Environment Claims
Did you know that retaliation claims often go hand in hand with hostile work environment claims?
If your employer fires you or cuts your hours after you file a complaint of sexual harassment, they’re retaliating against you.
But here’s the thing…
Filing a complaint about sexual harassment can further lead to retaliation if your employer allows the behavior to continue. If you believe you were wrongfully terminated or suffered punitive action from your employer after filing a complaint, consult a North Carolina Discrimination Lawyer to see if you have a case.
A hostile work environment goes beyond just having a boss you don’t get along with.
In order for your work environment to be classified as hostile, you must prove that your employer’s actions created a work environment that would be intimidating and/or abusive to another reasonable person.
So let’s say you file a complaint about sexual harassment against your boss. You then come back to a work environment that makes you scared to go to work every day. This could potentially be grounds for a hostile work environment claim.
The EEOC filed retaliation charges in over 40 cases in FY 2024.
They filed these claims under various statutes such as the Americans with Disabilities Act, ADEA, Equal Pay Act, and other anti-discrimination laws.
Proving Your Retaliation Claim
When filing a retaliation claim with the EEOC, you must prove three things:
- You engaged in protected activity.
- Your employer took adverse action against you.
- Your employer’s action was in response to your protected activity.
So how do you prove that you were retaliated against?
First, let’s start with protected activity. Protected activity can include:
- Filing a formal complaint
- Participating in an employment investigation
- Opposing discrimination
- Complaining to your supervisor about harassment
Below are some examples of adverse employment actions:
- Firing you
- Demoting you
- Pay cuts
- Moving you to a less desirable shift
Timing is everything when trying to prove you were retaliated against.
If your employer started firing you after you filed a complaint, that’s a clear indication that you were retaliated against. However, don’t go to the EEOC just because you were fired after complaining.
Gather Your Evidence
If you don’t have any evidence, it will be your word against your employer’s. Here are some things you should gather:
- Your original complaint
- Any emails you’ve received
- Performance reviews (if you’ve received any)
- Statements from coworkers
- Write down dates, times, locations, etc.
- Save any company policies that were violated
Employees have the initial burden of proving retaliation by presenting evidence that creates a link between the protected activity and the adverse action.
Employers can provide a legitimate, non-retaliatory reason for their actions. Once an employer provides a non-retaliatory reason for its action, the employee must prove that the reason was just a pretext.
Defending Against Retaliation Claims
Act Quickly!
The legal process can be lengthy and frustrating, but there are steps you can take to protect yourself as soon as retaliation happens.
Step 1: Documentation
Documentation is your best friend when fighting back against your employer.
Write down the date, time, location, who was there, and exactly what was said. Keep track of any relevant text messages and emails that you received.
Step 2: File a Complaint
Have you read your employee handbook? Chances are your employer has a process in place for filing complaints. Follow it.
Retaliation should be reported to HR or your management in writing.
Step 3: File Charge with the EEOC
In order to sue your employer, you’ll first need to file charge with the Equal Employment Opportunity Commission.
Typically, employees have 180 to 300 days to file a charge of employment discrimination (including retaliation) with the EEOC.
Step 4: Contact a Hostile Work Environment Attorney
Contacting an attorney should be your next step. A knowledgeable employment attorney can assess the strength of your claim and advise you on how to proceed. Most attorneys offer free consultations.
Step 5: Know Your Possible Outcomes
If you win your retaliation lawsuit, you could be entitled to:
- Back pay
- Reinstatement
- Compensation for pain and suffering
- Punitive damages
Possible Outcomes for Employers
Just as there are potential outcomes for employees, there are also consequences for employers who violate state and federal laws.
Employers who retaliate against their employees can face:
- Large settlements
- Hiring inexperienced workers
- Punitive damages
- Tax write-offs (the attorney’s fees)
This can deter businesses from operating within your state.
Employers Beware…
If you retaliate against your employees, you could be doing more than just hurting your company’s reputation.
Employees have rights, and if they decide to file a complaint with the EEOC, you could be looking at some serious financial setbacks.
Bring It All Together
Employers cannot retaliate against you for filing a discrimination claim.
If they do, you have every right to fight back using the EEOC.
Remember…
- Retaliation claims are the most common discrimination charge filed with the EEOC.
- Protected activity can include reporting discrimination to your employer and/or HR.
- To prove retaliation, you’ll need to show that there’s a connection between your complaint and your employer’s adverse action.
- Documentation is key when fighting back against your employer.
- Employees have 180-300 days to file a charge of employment discrimination.
Standing up for your rights is hard enough, but being punished after filing a claim can make you feel hopeless. Don’t lose hope! There are laws protecting you from retaliation in the workplace. Know your rights!
