Employees should be free to file complaints about issues such as harassment and discrimination in the workplace. They should know that they can file reports about violations of any employment laws with fear of retaliation.
Firing or demoting an employee for speaking up about employment law violations is illegal.
What’s considered retaliation?
Retaliation is any negative employment action taken by an employer in response to an employee engaging in a protected activity, such as reporting discrimination, cooperating in an investigation, or opposing unlawful workplace conduct. According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation charges have been the single most frequently filed complaint for seventeen consecutive years, with 42,301 retaliation charges filed in fiscal year 2024 alone out of 88,531 total discrimination charges received. Federal law makes clear that an employer cannot take any action that would discourage an employee from reporting or resisting discrimination, even if the underlying complaint is ultimately unsubstantiated, as long as it was made in good faith. Retaliation goes far beyond job termination.
Many actions classify as workplace retaliation such as:
- Giving the employee the “cold shoulder” at work
- Cutting back their hours
- Reducing their pay
- Creating a hostile work environment
- Spreading rumors or false information about the employee
- Moving them to a less desirable shift, location or job
- Blocking a promotion or raise
- Preventing the employee from going to company events or meetings
- Nitpicking the employee’s performance without doing the same for others
Employees who believe they’re being retaliated against by their employer, or the employer’s representatives, should know they have rights.
