There are many ways for businesses to violate the rights of workers. Some companies discriminate against workers with certain protected characteristics. Other companies punish employees who try to make use of their basic rights under the law.
Technically, employers should not punish or retaliate against workers who know and assert their rights. Federal law very clearly prohibits retaliation when workers stand up for themselves, other people or the law. Unfortunately, workplace retaliation is one of the top reasons that employees bring lawsuits against businesses.
What employer behaviors may constitute illegal and actionable retaliation?
Retaliation comes in many different forms
Workers might have an easier time identifying and fighting back against retaliation if it always looked the same. Unfortunately, retaliation can be vastly different from one case to the next. As a general rule, any actions by employers that negatively impact workers because of their involvement in protected workplace activities may constitute retaliation.
Retaliation could entail terminating a worker from their position for requesting unpaid leave or reporting a supervisor for harassment. Retaliation could also look like making negative changes to how a worker does their job.
If a company starts scheduling an employee for fewer shifts or moves them to a different department, those transfers could constitute retaliation. A reduction in the number of hours someone works or getting passed over for raises and promotions could constitute retaliation. The creation of a hostile work environment or the failure to protect a worker from on-the-job hostilities could also constitute retaliation in some cases.
How can workers fight retaliation?
Holding an employer accountable for retaliation has two main components. A worker must establish that they engaged in protected workplace activities and that an employer began mistreating them because of those actions.
The timing of certain employment decisions could raise questions about retaliation. The more documentation a worker has of their protected activities and the company’s response, the easier it may be to convince other reasonable people that the company punished someone inappropriately for conduct protected by federal law.
Documenting employer retaliation is often the first step on the path to justice. Workers who recognize warning signs of employer mistreatment can fight back against illegal retaliation and other forms of employer misconduct.