Dealing With Workplace Retaliation

A hostile work environment can be devastating. It can cause you to take excessive absences and not achieve your full potential in your job. Workplace retaliation is especially problematic. A fear of retaliation can scare you from raising a legitimate concern at work. It can also lower employee morale.

Various state and federal laws make workplace retaliation illegal. State laws differ on retaliation. If you’re retaliated against at work, talking to an employment law attorney is a good idea. They can give you legal advice about your situation.

What Is Workplace Retaliation?

Workplace retaliation can take many forms. Generally, it’s when your employer takes a negative employment action against you for engaging in a protected activity. A negative action is also called an adverse action. The following are some examples:

• Termination
• Demotion
• Denying a promotion
• Reassignment to a worse shift
• Pay reduction
• A bad performance review
• Spreading false rumors

A protected activity is something you can do at work that your employer can’t punish you for. There are many protected acts. Some of the most common are the following:

• Filing a discrimination complaint
• Requesting an accommodation for a disability or religious practice
• Reporting unsafe working conditions
• Refusing a sexual advance
• Reporting sexual harassment
• Being a whistleblower
• Filing a workers’ compensation claim

What Are Examples of Retaliation?

Not all retaliation is illegal. For retaliatory behavior to be unlawful, it must be in response to an act protected by law. For example, suppose you’re from the Middle East. Your boss frequently calls you a terrorist. You file an employment discrimination complaint based on your national origin. Your boss then reassigns you to the night shift.

In another example, your boss repeatedly asks you out even though you keep turning your boss down. You file a sexual harassment complaint with human resources. Soon after, your boss gives you a poor performance evaluation.

Remember that your protected behavior must trigger the retaliatory action. It’s not retaliation if there’s no connection between the events. For example, a bad performance review isn’t retaliation if it’s unrelated to your harassment complaint.

What Are the Signs of Retaliation?

Retaliation isn’t always apparent. Subtle retaliatory acts may not get noticed by management or coworkers. Sometimes, it can be so subtle that you don’t realize it’s happening. But even subtle retaliation can negatively affect your performance. The following are some signs of retaliation:

• “Cold shoulder” treatment: For example, you aren’t invited to a group lunch.
• Excessive micromanaging: For example, your boss becomes critical of your work that used to be acceptable.
• Spreading rumors: Managers or coworkers are gossiping about your claims or trying to spread rumors that you are bitter.
• Treating your family members poorly: For example, your boss and spouse were previously friendly. Your boss stops talking to your spouse after you file a workers’ compensation claim.

What Should I Do if I’m Being Retaliated Against?

You can report the situation to your company if you think you’re suffering retaliation. Your company’s anti-retaliation policy should tell you how to report retaliation. You can often find the policy in your employee handbook. Contact your human resources department if your company doesn’t have a formal process.

You have another option if you want to avoid reporting the incident to your employer. You can file a retaliation claim with the government. The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency. It’s the main agency that handles employment complaints. You can also file a complaint with your state. Most states have an agency like the EEOC.

How Can I Win a Retaliation Case?

To prove retaliation, you must show a link between your protected act and the retaliatory act. The more evidence you have, the better your chance of winning. You should document the retaliatory behavior. Include the date and who was present. Also, gather relevant documentation from before the retaliation started. For example, if your boss gave you a poor performance review, get copies of prior reviews to show the change in your performance evaluation.

Contact an Employment Lawyer for Help

Proving the link between the retaliatory act and your protected activity can be hard. You should contact an employment lawyer if you think your employer is retaliating against you. They can explain your legal rights and help you build your retaliation case.