What good are rights in the workplace if you will be fired for exercising them?

The law protects employees who complain about discrimination and harassment in the workplace. 

Workplace retaliation can take many forms - from an employer taking adverse action against an employee for speaking out about workplace issues, to a coworker seeking revenge against a colleague who reported misconduct. In any case, retaliation can harm both the employees and the company as a whole. In this blog post, we'll explore what workplace retaliation is, how to recognize it, and what you can do if you experience it.

What is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in “protected activity,” such as reporting discrimination or harassment, filing a complaint relating to discrimination or harassment, or participating in an investigation of it. Importantly, to qualify as "protected activity," your underlying complaint must allege discrimination based on race, national origin, color, age, gender, disability, sexual orientation, or some other protected characteristic.  A generalized complaint about being treated poorly, or a personality conflict, does not constitute "protected activity," and therefore cannot form the basis of a claim of retaliation.

Adverse actions can take many forms, including termination, demotion, pay cuts, reassignment, negative performance evaluations, and exclusion from training or development opportunities.

Retaliation can also take more subtle forms, such as ostracism, verbal abuse, or micromanagement. These behaviors can undermine an employee's ability to perform his job and can ultimately lead to termination or resignation where no reasonable person would continue to work, which is called a “constructive termination.”

How to Recognize Workplace Retaliation

Workplace retaliation often takes place behind closed doors, and may occur in subtle ways that are hard to document. However, there are some common, and even obvious, signs of retaliation that you should be aware of:

• Sudden changes in job duties, workload, or responsibilities
• Exclusion from meetings or other work-related activities
• Negative performance evaluations, despite no change in job performance
• Being treated unfairly or differently from other employees
• Verbal abuse or threats from a supervisor or coworker
• Demotion or being passed over for a promotion despite meeting the qualifications
• Termination from employment

What to Do If You Experience Workplace Retaliation

If you believe you are experiencing workplace retaliation, there are steps you can take to protect your rights and seek redress:

1. Speak to your supervisor: If you feel comfortable, you can speak to your supervisor about the retaliation you are experiencing. He may be able to address the issue and help you find a solution.
2. File a complaint: You can file a complaint internally, with Human Resources, detailing the protected activity you engaged in and the corresponding adverse actions which constitute retaliation. They should investigate your claims and take appropriate action.
3. Contact an attorney: You may want to contact an attorney concentrating in Employment Law, who can advise you on your rights and help you pursue legal action.
4. Document everything: It is important to document your protected activity and all instances of retaliation, including the date, time, location, and individuals involved. This will help support your case if you need to take legal action.

Conclusion

Workplace retaliation is a serious issue that can have lasting and harmful effects on an employee's career and mental health. If you believe you are experiencing retaliation, it is important to take action to protect your rights and seek redress. Employment Attorney Raymond Nardo  has litigated many claims of retaliation at the Equal Employment Opportunity Commission, New York State Division of Human Rights, and in Federal and State courts.