Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting workplace misconduct, discrimination, or safety violations. Federal and state laws prohibit retaliation to ensure employees can report wrongdoing without fear of punishment.
Workplace retaliation can take many forms, including:
Termination or demotion
Salary reduction or denied promotions
Harassment or intimidation
Unwarranted disciplinary actions
Negative performance reviews unrelated to job performance
Several laws protect employees from retaliation, including:
Title VII of the Civil Rights Act – Protects employees from retaliation after reporting discrimination or harassment.
Whistleblower Protection Act – Safeguards federal employees who report government fraud or misconduct.
Occupational Safety and Health Act (OSHA) – Prohibits retaliation against employees who report workplace safety violations.
Sarbanes-Oxley Act (SOX) – Protects employees reporting corporate fraud and securities violations.
Document the Retaliation – Keep records of adverse actions, emails, performance evaluations, and any relevant interactions.
Report the Issue Internally – Notify HR or a supervisor about the retaliation if feasible.
File a Complaint with a Government Agency – Depending on the nature of the claim, you may need to file with the Equal Employment Opportunity Commission (EEOC), OSHA, or other relevant agencies.
Consult an Attorney – An experienced employment law attorney can help assess your case, protect your rights, and guide you through the legal process.
Pursue Legal Action – If necessary, legal action may be taken to seek compensation, reinstatement, or other remedies.