It's illegal for an employer to retaliate against an employee for reporting harassment or discrimination -- but that doesn't mean it never happens. If you are facing workplace retaliation because you made an internal complaint of harassment or discrimination, participated in such a complaint (for example, as a witness), filed a charge of discrimination or harassment with a government agency, or filed a discrimination or harassment lawsuit, there are some steps you should take to protect your rights.
Gather Evidence
You'll want to be able to prove that you were facing retaliation, if necessary. That means you should take steps to record events and gather events, including these:
- Keep a log of every incident that you believe was retaliatory, including what happened, when, who was there, and what was said or done.
- Find out what's in your personnel file. Often, retaliation takes the form of demotion, negative performance reviews, and so on. You'll want to see exactly what documentation is in your personnel file if one of these actions takes place. If paperwork was added to your file after the fact, you'll be able to prove that later. Most states give employees the right to see or get a copy of at least some documents in their files.
- Copy evidence that you are entitled to have. Don't take any documents that are confidential or that you aren't supposed to have access to. However, if there are readily available documents that support your claims, such as a bad performance review or a public job posting for a position you were told had already been filled, make copies.
Complain
If you're facing retaliation, by definition you've already made a complaint or participated in an investigation of harassment or discrimination. Go to the person responsible for looking into your complaint, such as the company's HR director or the EEOC investigator assigned to your case, and tell them about the retaliation. Ask to amend your original complaint to include the retaliation. Be prepared to provide information about the actions or decisions you believe were retaliatory.
Talk to a Lawyer
If you're facing workplace retaliation, your job may well be on the line. Undoubtedly, your work situation is quite uncomfortable. This is a good time to consult with an experienced employment lawyer who can review the facts of your situation and help you come up with a plan of action. A lawyer can help you deal with the company's investigation, help you file a charge with the EEOC or a state agency, and, if necessary, file a lawsuit to protect your rights. A lawyer may also be able to help you negotiate a settlement.
