If you have faced discrimination in the workplace you know that it can be a stressful and emotionally challenging experience. No employee should be forced to work in a hostile environment where they feel unsafe or uncomfortable. If you have experienced discrimination you should file a formal complaint with your company’s HR or another authority like the EEOC (Equal Employment Opportunity Commission). Unfortunately, one common side effect of filing a discrimination complaint is retaliation by management. If you feel like you are experiencing retaliation it is important that you learn about your rights and legal options. Work with an Atlanta employment retaliation attorney to discuss your situation and obtain skilled legal representation today.
What is Retaliation?
Retaliation is any adverse action taken against an employee as punishment for exercising their rights. If a worker complains about labor law violations, reports sexual harassment, blows the whistle on environmental malpractice, etc. they are protected by federal law. When an employer disregards these protections and attempts to punish them for their actions, they are committing retaliation.
Retaliation can come in many forms including the following.
- Firing or suspending an employee
- Demoting an employee
- Cutting back on an employee’s hours
- Transferring an employee to a less desirable position or location
- Excluding an employee from team meetings, activities, or communications
- Cutting an employee’s pay
- Giving unfair performance evaluations or feedback
Any of the above can be considered retaliation, especially if it begins suddenly after an employee files a complaint about discrimination.
Is Retaliation Illegal?
Yes, it is against the law for an employer to retaliate against an employee for exercising their protected rights. Retaliation is illegal under the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Equal Pay Act.
Title VII covers the topic of discrimination in the workplace. This legislation prohibits discrimination based on the following.
- Race
- Color
- Religion
- Sex, sexual orientation, gender identity
- Pregnancy, childbirth, or related medical conditions
- National origin
In addition to these protections, the act prohibits employers from punishing applicants or employees for asserting their right to be free from discrimination and harassment in the workplace.
How Should I Handle Retaliation After Filing a Discrimination Complaint?
If you experienced discrimination in the workplace and filed a complaint, know that you did the right thing. However, it can be discouraging and stressful to be retaliated against because of it. If you believe that your employer is retaliating against you for filing a discrimination complaint, consider the following steps.
- Document all incidents of suspected retaliation
- Report the retaliation to HR or the appropriate authority at your company
- Consider filing a retaliation complaint with the EEOC to have the issue investigated
- Discuss your situation with an attorney to learn about your legal options
You may be able to quell the retaliation and handle it within your company, given that they take your complaint seriously. Otherwise, the EEOC or an employment lawyer can help you take action and resolve the issue. Reach out to an attorney for more information.
