Reporting discrimination at work is a brave step toward fostering a fair and respectful workplace. Unfortunately, some employees who report discrimination face retaliation from their employers. Retaliation can take many forms and may leave employees feeling vulnerable. However, federal and state laws protect employees from such actions. This blog will explain your legal rights and the steps to take if you are retaliated against for reporting discrimination.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse actions against an employee who has engaged in a protected activity, such as reporting discrimination. These actions can include:
- Termination or demotion
- Reduction in pay or hours
- Unfavorable job assignments
- Harassment or increased scrutiny
- Denial of promotions or opportunities
Retaliation is illegal and can happen after reporting discrimination based on race, gender, disability, or any other protected characteristic.
Step 1: Recognize the Signs of Retaliation
The first step in protecting yourself is recognizing the signs of retaliation. If you experience adverse changes in your job status after reporting discrimination, this could be a sign that your employer is retaliating against you. Be aware of:
- Sudden changes in your performance reviews or feedback.
- Unjustified disciplinary actions.
- A shift in how supervisors or colleagues treat you.
If you notice these changes after making a discrimination complaint, it’s important to start documenting the retaliation immediately.
Step 2: Document the Retaliation
As with reporting discrimination, thorough documentation is key to proving retaliation. Keep records of every instance of retaliation, including:
- Dates, times, and descriptions of the retaliatory actions.
- Names of individuals involved.
- Any changes in job responsibilities, pay, or performance reviews.
- Any relevant emails, texts, or written communications.
This documentation will strengthen your case if you choose to take legal action.
Step 3: Report the Retaliation to Your Employer
Before pursuing legal action, you may need to report the retaliation to your employer’s human resources (HR) department. Follow the company’s procedures for reporting workplace issues and make sure to submit your complaint in writing. Keep a copy of your complaint for your own records.
When filing a report, include specific details of the retaliation you’ve experienced and explain how it is linked to your earlier discrimination complaint.
Step 4: Understand Your Legal Protections
Both federal and state laws provide protections against retaliation. Understanding these protections can help you take the right steps when facing retaliation:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who report discrimination or participate in an investigation related to discrimination.
- California Fair Employment and Housing Act (FEHA): Offers additional protections for California employees, making it illegal for employers to retaliate against individuals who report discrimination.
These laws protect employees from any negative employment actions resulting from reporting workplace discrimination, participating in an investigation, or assisting others with a complaint.
Step 5: File a Complaint with the EEOC or DFEH
If your employer does not take action to stop the retaliation, or if the retaliation continues, you may need to file a formal complaint with a government agency:
- Equal Employment Opportunity Commission (EEOC): Handles federal claims of retaliation. You must file within 180 days of the retaliatory act.
- California Department of Fair Employment and Housing (DFEH): Handles state-level claims in California, and you have three years to file a complaint.
Both agencies will investigate your case, and if necessary, they may issue a “Right to Sue” letter, which allows you to take legal action against your employer.
Step 6: Seek Legal Assistance
Retaliation cases can be complex, and having a legal advocate on your side is crucial. An experienced employment law attorney can help you navigate the process, gather evidence, and represent you in court if needed. PLBH is here to ensure your rights are protected and help you seek justice for the retaliation you’ve experienced. Contact (800) 435-7542 to discuss your case and explore your legal options.
Taking action against retaliation is a critical step toward holding your employer accountable and ensuring a fair workplace for all employees.