It is illegal for employers to punish an employee for engaging in legally protected activity. Examples of retaliation can include termination, demotion, discipline, salary reduction, being denied a raise or a more desirable position, or missing out on mentoring opportunities. As long as an employer’s adverse action would cause a reasonable person to make a complaint, it constitutes as illegal workplace retaliation.
Sometimes it is hard to recognize when an employer is retaliating against you. It may be as obvious as firing you or demoting you directly after you make a complaint or get into a disagreement with your employer, or it may come in a form that is unexpected. It may not be noticeable, but if your employer changes in ways that have an adverse effect on your employment, it is retaliatory. For example, your boss may begin to give unfair performance reviews, exclude you from important meetings, or try to sabotage your employment.
If problems like this arise in your workplace or if you suspect that your employer is retaliating against you, talk to your supervisor about the reasons for these actions. If your employer is unable to provide you with a legitimate explanation, you are able to take your concerns up with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.
Federal law protects employees from retaliation when an employee files a complaint. In order to build a case, an employee needs to provide evidence between the behavior that triggered the retaliation and the employer’s retaliatory behavior and action. Include documents of your employer’s retaliatory behavior and keep track of information and events that took place before and after the supposed retaliation. The more evidence an employee can provide, the more likely he or she is to build their case against their employer.
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