Workplace Retaliation Definition

Workplace harassment retaliation is any adverse action taken by an employer against an employee or former employee because they exercised their rights under anti-discrimination laws, spoke out against discrimination, or assisted someone in exercising their rights.  Workplace retaliation laws are part of all of the anti-discrimination laws enforced by the EEOC.

Types of Retaliation

• employment actions such as termination, refusal to hire, and denial of promotion,
• other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
• any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

Post-Employment Retaliation

• designed to interfere with the individual's prospects for employment, such as giving an unjustified negative job reference,
• refusing to provide a job reference,
• and informing an individual's prospective employer about the individual's protected activity

Employers who have violated workplace retaliation laws can be required to reinstate the employee, pay back wages and may be subject to punitive damages because of workplace harassment or retaliation when an employee has been successful at proving retaliation.   

Workplace Retaliation Legal Assistance

There are strict timelines to follow in pursuing an EEOC claim.  You should contact the EEOC immediately when you feel your rights have been violated.  Additionally, if you feel you have been a victim of workplace harassment or retaliation, consult an experienced workplace retaliation lawyer who specializes in employment law.  They can advise you on the strength or weakness of your case, give you information about what you need to prove your case.