What Does Retaliation in the Workplace Look Like? - Lawyers.com Blog
Retaliation Can Be Subtle. Know the Signs.
It is unlawful for your employer to retaliate against you for filing a complaint or engaging in other protected action, but it is unfortunately not unusual. It’s one of the most common reasons for filing a complaint with the US Equal Employment Opportunity Commission (EEOC).
Retaliation can be subtle—and you may not realize that your employer is unlawfully retaliating against you. Here are a few signs to look for.
What Actions Are Legally Protected From Retaliation?
If you recently took an action such as filing a complaint for harassment or participating in an investigation of wrongdoing by your employer, it’s possible that the behavior you’re seeing is indeed retaliation. You are supposed to be able to take certain actions in the workplace without worrying about your employer retaliating against you.
Protected actions in the workplace include:
• Complaining about workplace discrimination, either internally or to an external agency such as the EEOC (even if your complaint ends up being judged unfounded).
• Filing a lawsuit against your employer.
• Participating or serving as a witness in EEOC litigation or investigations.
• Cooperating with an internal investigation.
• Acting as a whistleblower with regard to unsafe working conditions, illegal activity on the part of the employer, or other wrongdoing.
• Taking FMLA leave or other legally entitled leave.
• Filing a claim for workers’ compensation.
What Does Retaliation Look Like?
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