While laws like Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) protect Americans from facing discrimination in the workplace, they also protect people from retaliation from their employers. Notably, this protection extends to all employees, not merely those who were originally discriminated against. But what exactly is retaliation in the context of employment law, and how might it affect you?
What is Retaliation?
In simple terms, retaliation is the legal term for when an employer punishes an employee for reporting violations of the law, particularly acts of discrimination. Employees have a responsibility to report illegal activity carried out by their employer, and are supposed to be protected when they report suspected violations. However, this does not stop some employers from professionally penalizing employees for doing what is right.
Why Does the Law Protect Against Retaliation?
The law protects employees from being retaliated against by their employer because, as a matter of policy, it is good for employees to report illegal conduct. If they could suffer retaliation without penalty to their employer, many employees would stay silent, making it much harder for them to protect their legal rights. Thus, it is essential to hold employers to account when they retaliate against employees who report their employer’s bad acts.
What Are the Signs of Retaliation?
There are many ways an employer might choose to retaliate against their employee. This includes, but is not limited to:
- Reducing the employee’s pay
- Denying them access to benefits or privileges
- Refusing to grant promotions or raises
- Refusing to grant earned sick or vacation leave
- Keeping the employee out of meetings or other official events
- Denying the employee access to training
- Firing the employee
- Refusing to pay severance
What Should You Do?
If you have faced retaliation from your employer after reporting discrimination or another legal violation, you should speak to a lawyer with experience handling employment law matters. They can help you evaluate your legal options, and help you obtain compensation for the harm you have suffered. The sooner you contact them, the sooner they can begin working on your case.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
