Employment – Retaliation – Title VII – Whistleblower
Employment – Retaliation – Title VII – Whistleblower September 21, 2021: (View Article)
Understanding Employment Retaliation: What You Need to Know
Employment retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. These activities can include filing a complaint about workplace discrimination, reporting unsafe working conditions, or participating in an investigation into company practices. According to Title VII of the Civil Rights Act of 1964, it is illegal for an employer to retaliate against an employee for opposing discrimination based on race, color, religion, sex, or national origin.
What Constitutes Employment Retaliation?
Retaliation can take many forms, ranging from verbal reprimands to more severe actions, such as termination or demotion. The key factor in identifying retaliation is whether the employee was subjected to an adverse action because they exercised their legal rights, such as:
- Filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC).
- Participating in an investigation or lawsuit related to workplace discrimination.
- Refusing to participate in illegal activities that may violate employment laws or regulations.
If you believe you’ve faced retaliation for reporting illegal activity or discrimination, it’s important to understand your rights and seek legal advice.
How to Protect Yourself Against Employment Retaliation
If you’ve experienced retaliation in the workplace, it’s crucial to take immediate steps to protect your rights. Here are some actions to consider:
1. Document Everything
Keep detailed records of any incidents that you believe are acts of retaliation. This includes any communication, dates, and descriptions of the events that occurred. Documentation can be essential in building a strong case if you choose to pursue legal action.
2. Report the Retaliation
Most organizations have formal grievance procedures in place. If you haven’t already, report the retaliation to your HR department or through the appropriate channels. If your employer is aware of the issue and does nothing to stop it, they may be held legally accountable.
3. Consult an Employment Attorney
If you’re unsure whether the actions you’ve experienced qualify as retaliation, or if you’re facing retaliation that continues or worsens, it’s advisable to consult with an experienced employment lawyer. Legal experts can help determine the best course of action and guide you through filing a complaint or lawsuit.
