Retaliation

Many federal and state laws prohibiting workplace discrimination also prohibit actions taken against employees in retaliation for taking part in activities protected under employment anti-discrimination laws. These separate legal claims prohibit employers from taking adverse employment actions against employees who either formally or informally complain or participate in complaints of unlawful discrimination in the workplace. Complaints or charges of discrimination on the basis of race, gender, sex harassment, pregnancy, religion, national origin, disability, and age forbid retaliatory conduct against the employee engaging in the protected activity. Other laws that also contain anti-retaliation provisions include, but are not limited to, the Family and Medical Leave Act (“FMLA”), the Employee Retirement Security Income Act (“ERISA”), the Fair Labor Standards Act (“FLSA”), the Equal Pay Act (“EPA”) and certain worker’s compensation statutes.

Examples of adverse employment actions that may be considered retaliatory include, but are not limited to:

• Termination
• Demotion
• Failure to Promote
• Reduction in pay or benefits
• Negative performance evaluation
• Unwarranted discipline

In effect, an employee may have a claim for retaliation if the adverse employment action would have dissuaded a reasonable worker from making or supporting a charge of discrimination.

If you believe you are being, or have been retaliated against by asserting your legal rights in the workplace, contact Henrichsen Law Group, P.L.L.C. immediately for a consultation.