Retaliation is the most frequently alleged basis of discrimination. The law prohibits punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.  Asserting these EEO rights is called “protected activity,” and it can take many forms.  For example, it is unlawful to retaliate against applicants or employees for:

• Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit;
• Communicating with a supervisor or manager about employment discrimination, including harassment;
• Answering questions during an employer investigation of alleged harassment;
• Refusing to follow orders that would result in discrimination;
• Resisting sexual advances, or intervening to protect others;
• Requesting accommodation of a disability or for a religious practice;
• Asking managers or co-workers about salary information to uncover potentially discriminatory wages.

It could be considered actionable retaliation if your employer takes an adverse action because you engaged in protected activity. These actions include:

• Reprimanding the employee or giving a performance evaluation that is lower than it should be;
• Transferring the employee to a less desirable position;
• Engaging in verbal or physical abuse;
• Threatening to make, or actually making reports to authorities (such as reporting immigration status or contacting the police);
• Increased scrutiny of the employee;
• Spreading false rumors, treating a family member negatively (for example, canceling a contract with the person’s spouse); or
• Making the employee’s work more difficult (for example, being ostracized or purposefully changing a work schedule to conflict with family responsibilities).

Have you engaged in protected activity as described above? And as a result of that activity have you been subjected to retaliation after exercising your rights? Please give us a call to discuss your situation and your rights.