Taking Action After Workplace Retaliation

An employment litigation lawyer employees turn to for support can help provide insight into cases involving retaliation after an employee has engaged in a protected activity. Areas involving employment law are vast and deeply complex. Sometimes employers are either unaware that what they are doing is illegal or unwilling to provide a workplace that complies with state and federal laws and regulations. Unfortunately, this can be profoundly damaging for employees and the company itself. Employees can feel utterly powerless in the workplace when faced with these issues because of the power differential between employee and employer. Most employees rely on their jobs to finance their lives, and when employment is threatened due to engaging in protected activities, they should consider swift legal action. Our team at Eric Siegel Law can help those who have fallen victim to employment injustices by taking legal action against those responsible.   

Protected EEO Activities

The U.S. Equal Employment Opportunity Commission has laws that make it illegal for job applicants and employees to be retaliated against in the workplace for reporting discrimination or harassment. Employees have a right to be employed in a workplace that is free from this treatment. Examples of protected activities include:

  • Acting as a witness for an EEOC complaint or investigation
  • Filing a complaint with the EEOC
  • Participating in an investigation for harassment or discrimination being conducted by human resources
  • Intervening when harassment or discrimination is present
  • Reporting harassment or discrimination
  • Requesting accommodations for disabilities

Our Washington D.C. employment litigation lawyer can share that retaliation for engaging in protected activities is one of the country’s most common types of employment-related lawsuits. The employer should handle discrimination or harassment complaints with care to ensure no adverse actions occur against the employee. While sometimes these complaints can be shocking for an employee, they should approach the situation with compassion and an open mind while also following all procedures in place by the company. It’s vital that an employer not retaliate against the employee to prevent further issues from arising. 

Understanding Retaliation

When an employee is mistreated for engaging in an activity that the EEO protects, they may have been a victim of workplace retaliation by their employer. While there are laws in place that protect employees, unfortunately, retaliation is still present in the workplace today. Types of retaliation can include:

  • Receiving pay cuts
  • Being scheduled unfavorable hours
  • Changes to job duties
  • Demotions
  • Being fired
  • Facing disciplinary actions

It’s essential to be aware that an employer does have a right to discipline employers when there are non-retaliatory reasons for the firing or disciplinary actions. However, if the retaliation or mistreatment can be connected to the protected employee activity, it’s essential to consult with legal counsel. When an employee has engaged in a protected activity and experienced retaliation, as a result, it’s important to begin gathering evidence and writing down their accounts of what happened because this information can act as proof that connects the events that transpired. 

Take Action

After retaliation, it can be difficult for employees to determine the best way they should move forward. It’s important to know that victims have rights when facing this treatment. Start by speaking with human resources to determine what corrective actions will be taken. You may be able to file a complaint with the EEOC; however, it’s imperative to speak with a lawyer who has experience managing cases of this nature. Our team from Eric Siegel Law can help victims of discrimination, harassment, and subsequent retaliation to take action- schedule a consultation today!