The general public is aware of the legal protections afforded against harassment and discrimination in the workplace. Nonetheless, many people are unaware that these regulations also shield workers from reprisal. As a result, workers who report discrimination or harassment at work or who cooperate with subsequent investigations are protected from retaliation on the part of their employers. In the workplace, punishment can take many forms, including but not limited to dismissal, demotion, or the withholding of benefits like pay raises, promotions, or access to mentorship programmes.
Consult your case specifics with an expert employment attorney New Jersey.
Retaliation in the Workplace: What Is It?
Any time an employer takes action against an employee for exercising their legal rights, this is known as retaliation. Any adverse action taken against an employee in the workplace, such as a demotion, reprimand, termination, pay cut, or assignment to a new department or schedule, might be considered retaliation. However, there are also more covert forms of vengeance.
The outcome is obvious when a company takes a decisive step, like firing an employee. However, there are situations when this is not the case. The U.S. Supreme Court has ruled that cases like these call for a holistic analysis of all relevant factors. Many workers might not mind if their shifts changed, but it could seriously impact a parent with young children who rely on a more rigid work schedule.
To constitute illegal retaliation, an employer’s behaviour must be such that a fair-minded person in a similar position would think twice about filing a complaint.
In what circumstances is retaliation not permitted?
When employees file complaints of discrimination or harassment in the workplace, either internally or to an external authority like the Equal Employment Opportunity Commission (EEOC), they are protected from retaliation under federal law. If the claim was made in good faith, then it doesn’t matter if it turns out to be false.
Employees who assist the EEOC or testify as witnesses in a related investigation or case are also protected from retaliation under the statute. A recent Supreme Court ruling affirmed the confidentiality of an employee’s testimony in an internal probe. Also, “whistleblowers” who report harmful working conditions are shielded by the legislation, as are employees who take Family and Medical Leave Act (FMLA) leave. (Refer to Nolo’s piece Assert Your Safety Rights Without Fear of Retaliation for further reading.)
Some states also make it illegal for employers to retaliate against employees for engaging in protected activities, such as making a workers’ compensation claim.