Retaliation in the workplace is an adverse employment action often taken against an employee after they report unlawful practices, serve as a witness to support a claim of unlawful behavior, or assist or participate in an investigation, grievance proceeding, or hearing regarding unlawful activity in the workplace including workplace discrimination.
For example, an employee that reports illegal activity in the workplace such as sexual harassment may be subject to retaliation for reporting the issue. If a coworker backs the victim up by corroborating their claim, they too may become the target of retaliation for daring to get involved. Any adverse employment action taken against an employee for taking a stand against illegal activity may in fact be retaliation, prohibited by law.
If an employee believes they are being targeted, but do not know if it is a case of retaliation, federal case law and regulatory agency guidance provides three essential elements in a retaliation claim to consider:
1. Protected Activity – It is important to understand that an employee is free to engage in legally protected activities such as filing or participating in a complaint to expose unlawful practices in the workplace. Anti-retaliation provisions make it illegal for an employer, and by extension an employee such as a supervisor, to take adverse actions against employees that blow the whistle on illegal practices.
2. Adverse Action – When an employee reports or a fellow employee supports a claim of discrimination in the workplace, they may be subject to an adverse employment action. This may include the denial of promotion, demotion, denial of benefits, suspension or even termination, all possible instances of retaliation in the workplace. Adverse actions may also include, harassing, threatening, or unfairly reprimanding an employee, negative evaluations, or other maltreatment. Any one, or a combination of these harmful actions, may constitute retaliation, which is prohibited by law.
3. Proof of Causality – If an employee is subject to adverse action after engaging in a protected activity (reporting unlawful activity), they must provide direct or circumstantial evidence of causation when seeking a remedy. Remedies may include reinstatement to a job if terminated, compensation for lost wages, punitive damages against an employer, and more, depending on the circumstances of the case.
Seek the Help of an Experienced Employment Retaliation Lawyer
An experienced employment law attorney can help victims of workplace retaliation prove their claim, connecting the dots that often start with a valid complaint of unlawful practices in the workplace that result in a negative employment action taken against an employee. Employees that are victims of discrimination based on sex, age, sexual orientation or gender identity, religion or other protected classes, who are subject to harassment or retaliation at work after reporting a problem, should contact an experienced employment law attorney to discuss their case. Contact the employment law attorneys of Alan C Olson & Associates for immediate assistance today at 262-785-9606.