According to recent EEOC reports, workplace retaliation claims under federal anti-discrimination laws (e.g., Title VII, ADA, and ADEA) remain high, and typically involve claims regarding adverse actions taken against employees for opposing discrimination or retaliation for participating in workplace discrimination investigations.
Recent trends in EEOC filings highlight retaliation as a highly prevalent claim, often linked to adverse actions like termination or forced resignation following employee complaints about discrimination or requests for accommodations, frequently intersecting with issues such as disability or harassment.
Retaliation Related to Disability Accommodation Requests
An example of workplace retaliation may revolve around a request for a reasonable accommodation related to a disability. A common scenario includes an employee disclosing a disability, such as diagnosed anxiety or a physical impairment, and requesting a reasonable accommodation such as flexible hours or ergonomic equipment to perform their job duties. In retaliation, the employer might create a hostile work environment for the employee following his or her request or even terminate the employee under the pretext of performance issues.
This would violate federal law under the Americans with Disabilities Act (ADA), specifically its anti-retaliation provision, which prohibits employers from taking an adverse employments action against an employee for requesting a reasonable accommodation or making a complaint regarding disability discrimination.
Retaliation for Reporting Sexual Harassment
Other common retaliation claims include those based on sex, encompassing sexual orientation and gender identity under protections like Title VII, with harassment manifesting through hostile work environments involving verbal abuse, unwanted advances, or digital misconduct.
A typical scenario involving sexual harassment in the workplace unfolds when an employee reports unwanted advances or a hostile work environment created by sexual comments, gestures, or sexual demands from a supervisor or coworker, only to face consequences from their employer such as poor performance reviews, reduced hours, a shift to a less desirable role or location limiting advancement, or even job termination. This would violate Title VII of the Civil Rights Act, and similar state laws, which prohibit retaliation for opposing sexual harassment.
Compensation for Workplace Retaliation Claims
Employees successfully pursuing workplace discrimination, harassment, and retaliation claims may be awarded various damages, including back pay for lost wages, compensatory relief for emotional distress or medical costs, front pay for future earnings losses, punitive damages to deter egregious employer behavior, and reimbursement for attorney fees and court costs.
Contact an Employment Law Attorney for Help Today
When you are retaliated against in your workplace after requesting an accommodation for a disability or reporting discrimination or harassment, it is important to seek help. Under federal and Wisconsin law, it is illegal for employers to discriminate, harass, or otherwise retaliate against employee on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information. Contact the employment law attorneys at Alan C. Olson & Associates for help at 262-785-9606.
