IS YOUR EMPLOYER RETALIATING AGAINST YOU?
Written by Marissa Morones - January 21, 2025
Retaliation in employment law refers to an employer taking unfavorable action against an employee for engaging in protected activity. It is illegal for employers to retaliate against employees who assert their rights under various laws. Here’s a breakdown of what is typically covered under retaliation in employment law:
1. Protected Activities
Employees are protected from retaliation when they participate in certain activities, such as:
Reporting Discrimination or Harassment:
- Employees are protected if they file complaints or report discrimination (based on race, gender, age, disability, etc.) or harassment in the workplace. This can be reported internally within the company or to an external agency such as the Equal Employment Opportunity Commission (EEOC) in the United States.
Filing a Workers’ Compensation Claim:
- Employees are protected from retaliation if they file a workers’ compensation claim due to a workplace injury or illness.
Whistleblowing:
- Employees who report illegal activities, safety violations, environmental hazards, or fraud (whistleblowing) by the company are protected from retaliation.
Requesting Accommodation:
- Under laws like the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), employees are protected when they request reasonable accommodations for a disability or when taking medical leave.
Exercising Rights Under Labor Laws:
- This includes activities such as joining or organizing a union, engaging in collective bargaining, or participating in union-related activities. Retaliation against employees for exercising these rights is prohibited under the National Labor Relations Act (NLRA).
Complaints About Wage and Hour Violations:
- Employees who complain about wage theft, unpaid overtime, or violations of minimum wage laws are protected from retaliation under laws such as the Fair Labor Standards Act (FLSA).
Participating in Investigations or Lawsuits:
- Employees who participate in investigations or lawsuits related to violations of laws (e.g., discrimination cases) are also protected from retaliation. This applies to both the complainants and witnesses.
Opposing Unlawful Practices:
- Employees who oppose unlawful employment practices, such as discrimination or unlawful wage practices, are protected from retaliation even if they do not file a formal complaint or report the action.
2. Adverse Actions
An employer’s retaliation may take the form of:
- Termination (firing the employee).
- Demotion (reduction in rank or job responsibilities).
- Reduction in pay or benefits.
- Harassment (e.g., bullying, undermining, or isolating the employee).
- Unfavorable job assignments (e.g., less desirable tasks or shifts).
- Disciplinary action (e.g., written warnings, suspension).
- Exclusion from opportunities (e.g., training, promotions, or projects).
3. Proving Retaliation
To prove retaliation, an employee generally must show:
- Engagement in a protected activity (as outlined above).
- Adverse action by the employer following the protected activity.
- Causal connection between the protected activity and the adverse action (e.g., the action was taken because the employee engaged in the protected activity).
The employee does not necessarily need to prove that the employer acted with ill intent, but that the adverse action occurred due to the protected activity.
4. Retaliation Claims Under Different Laws
Retaliation claims can arise under a variety of laws, including:
- Title VII of the Civil Rights Act of 1964 (prohibiting retaliation related to discrimination based on race, color, religion, sex, or national origin).
- Americans with Disabilities Act (ADA) (for retaliation related to disability discrimination).
- Age Discrimination in Employment Act (ADEA) (protecting employees from retaliation for age-related discrimination claims).
- Fair Labor Standards Act (FLSA) (prohibiting retaliation for asserting wage or overtime claims).
- Family and Medical Leave Act (FMLA) (protecting against retaliation for taking leave under this law).
If you believe your employer is retaliating against you, or has fired you and you believe your termination was a result of retaliation, contact Jafari Law Group right way at (949) 362-0100 for professional assistance.