Frequently asked questions

Here are ten frequent questions related to workplace retaliation:

What is workplace retaliation?

Workplace retaliation occurs when an employer or someone with authority in the company  takes adverse action against an employee for engaging in legally protected activity, such as filing a complaint, reporting discrimination, or participating in an investigation.
What actions constitute retaliation in the workplace?

Retaliation can include actions like firing, demotion, pay reduction, job reassignment, harassment, or any other unfavorable treatment due to the employee's protected activity.
What are some examples of protected activities?

Protected activities include filing a discrimination or harassment complaint, reporting safety violations, participating in an investigation or lawsuit, or requesting accommodations for disabilities or religious beliefs.
How can I prove workplace retaliation?

To prove retaliation, an employee generally needs to show that: (1) they engaged in a protected activity, (2) they suffered an adverse action, and (3) there is a causal link between the two (i.e., the adverse action occurred because of the protected activity).
What should I do if I believe I'm being retaliated against?

Document all instances of retaliation, including dates, times, and details. Report the issue to your supervisor, human resources, or file a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC) in the U.S.
Can I be retaliated against for reporting illegal activities at work?

No, reporting illegal activities or unsafe practices at work is generally a protected activity. Retaliating against an employee for such reports is illegal under various whistleblower protection laws.
What types of retaliation are prohibited by law?

Laws prohibit retaliation in areas like employment decisions (hiring, firing, promotion), pay and benefits, working conditions, job assignments, and other forms of harassment or discrimination following a protected activity.
How do I differentiate between retaliation and normal workplace issues?

Retaliation usually occurs shortly after a protected activity, while normal workplace issues might arise without a clear link to an employee's actions. Look for a pattern of adverse actions that seem connected to filing complaints or participating in protected activities.
What legal protections do employees have against retaliation?

In many countries, including the U.S., employees are protected under laws like Title VII of the Civil Rights Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act (OSHA), which prohibit retaliation for engaging in protected activities.
Can an employer retaliate against me even if my original complaint was unfounded?

Employers cannot retaliate against an employee for filing a complaint or participating in an investigation, regardless of whether the claim is ultimately found to be unfounded. Retaliation is illegal if the employee had a reasonable belief in the validity of their complaint.
Understanding these frequently asked questions can help employees recognize and protect themselves from retaliation in the workplace. If you are a victim of work place retaliation see our list of lawyers / and attorneys