Employees who report harassment at work are protected from retaliation -- but that doesn't mean retaliation never happens. Find out what retaliation is and what you can do about it.
What Is Retaliation?
Retaliation is any negative job action taken against an employee because that employee exercised a legal right, including the right to complain about harassment or discrimination. Any negative action, such as demotion, discipline, firing, salary reduction, negative evaluation, transfer, change in job assignments, or shift change can constitute retaliation, if the employer did it in response to the employee's complaint.
The Supreme Court has said that any materially adverse action against an employee may constitute retaliation, if the action might deter a reasonable employee from making a complaint. The Court found that enforcement of the laws that prohibit discrimination and harassment depend on employees being willing to come forward with complaints. To make sure employees do so, the law must provide broad protection from retaliation.
Who Is Protected From Retaliation?
Employees who complain of harassment or discrimination within the company are protected from retaliation. So are employees who file a charge of harassment or discrimination with a government agency (such as the Equal Employment Opportunity Commission or a similar state agency) or file a lawsuit for harassment or discrimination.
Employees are also protected from retaliation for participating in an investigation of discrimination or harassment, even if they weren't the original source of the complaint. For example, an employee may not be disciplined or fired for talking to an EEOC investigator or providing evidence in an internal investigation.
What To Do If You're Facing Retaliation
If you're being retaliated against, you should inform the company immediately. For example, if you reported that your manager was harassing you, and shortly afterward your manager demoted you, you should report it immediately to the HR department or the investigator who is looking into your complaint.
If you've filed a charge of discrimination with the EEOC or a state agency, you should contact the investigator assigned to your case right away. Tell the investigator what's going on that you believe is retaliatory. You should also amend your charge to add a claim of retaliation.
Workplace retaliation is illegal, but that doesn't mean it never happens. If you're facing retaliation for complaining about harassment, you should talk to an experienced employment lawyer right away. A lawyer can step in and negotiate with your employer, hopefully before the situation escalates further. A lawyer can also help you navigate the investigation and make sure your rights are protected. If you aren't satisfied with the company's response to your complaint, a lawyer can help you file a charge and possibly a lawsuit.
