Workplace Retaliation: How to Recognize and Respond
Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination, harassment, or other misconduct. Retaliation can take many forms, including subtle changes in job responsibilities or outright termination. Knowing your rights and how to respond can help you protect yourself and hold your employer accountable.
What Is Workplace Retaliation?
Retaliation is any adverse action taken by an employer against an employee in response to engaging in protected activities. Examples of protected activities include:
- Filing a complaint about workplace discrimination or harassment.
- Reporting wage violations or unsafe working conditions.
- Requesting accommodations for a disability or religious practice.
- Taking legally protected leave under the Family and Medical Leave Act (FMLA).
- Participating in an investigation or legal action against the employer.
Retaliation can range from overt actions, like termination, to more subtle behaviors, such as exclusion from key projects or negative performance reviews.
Signs of Retaliation in the Workplace
Retaliation isn’t always obvious, and employees may not immediately recognize it. Common signs include:
- Receiving sudden poor performance evaluations after filing a complaint.
- Being excluded from meetings, projects, or opportunities for advancement.
- Experiencing demotion, pay cuts, or reduced hours without explanation.
- Facing increased scrutiny or micromanagement from supervisors.
- Being reassigned to less desirable tasks or locations.
If these actions occur after you engage in a protected activity, they may constitute unlawful retaliation.
Your Legal Protections Against Retaliation
Employees are protected from retaliation under several federal and state laws, including:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who report discrimination or harassment.
- Family and Medical Leave Act (FMLA): Protects employees from retaliation for taking medical or family leave.
- Americans with Disabilities Act (ADA): Safeguards employees who request disability accommodations or report ADA violations.
- New Jersey Law Against Discrimination (LAD): Provides additional protections for employees in New Jersey, including whistleblowers and those reporting workplace violations.
- Conscientious Employee Protection Act (CEPA): Protects whistleblowers from retaliation for reporting illegal or unethical practices.
These laws ensure that employees can assert their rights without fear of reprisal.
Steps to Take If You Experience Retaliation
If you suspect workplace retaliation, taking the following steps can help you protect yourself and strengthen your case:
- Document the Behavior: Keep detailed records of incidents, including dates, times, locations, and witnesses.
- Review Workplace Policies: Familiarize yourself with your company’s anti-retaliation policies and reporting procedures.
- Report Retaliation: Notify your HR department or management about the retaliatory behavior and file a formal complaint, if necessary.
- File a Complaint with Authorities: Submit a complaint to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Consult an Employment Lawyer: An attorney can help you evaluate your case, file claims, and seek damages for lost wages, emotional distress, and other losses.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC is dedicated to protecting employees who have experienced workplace retaliation. Our attorneys can:
- Analyze your situation to determine if you have a valid legal claim.
- Assist you in filing complaints with state or federal agencies.
- Negotiate settlements to recover lost wages, benefits, and other damages.
- Represent you in court to ensure your employer is held accountable for their actions.
With years of experience and a proven track record, we are committed to fighting for justice and protecting employee rights.
Stand Up Against Workplace Retaliation
If you believe you’ve been retaliated against for asserting your rights, don’t wait to act. Contact Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you safeguard your rights and pursue justice.