What Constitutes Retaliation in the Workplace?

While most know that there are laws in place to protect you from discrimination and harassment in the workplace, did you know there are also laws in place that protect us from retaliation for discrimination?

And because there is little known on the topic of workplace retaliation, our Philadelphia employment discrimination lawyers thought it would be beneficial to uncover the facts, so you know what to do if it happens to you.

What is Workplace Retaliation?

In simplest terms, workplace retaliation is when an employer punishes an employee for behaving or acting in a way that the law allows or protects. Retaliation may include but is not limited to, a salary reduction, demotion, discipline, termination, or job shift/reassignment. Sometimes the employer’s actions are clearly negative, but they can also be very subtle.

Consulting an Employment Lawyer

When filing a lawsuit for retaliation, you will need to prove three things:

  • That you engaged in a protected activity.
  • Your employer took action against you.
  • That there is a causal link between the above points (the employer took action due to you and the protected activity).

If you suspect retaliation, the more evidence you have to support the claim the better. To begin building your case, we suggest documenting the alleged retaliatory behavior and any historical data that says otherwise. For example, if your supervisor demotes you shortly after you made a complaint, make sure you dig through old notes, emails, and messages that show your boss was pleased with your work prior to the demotion.

Please note step number three above (when filing a lawsuit) and that you must prove a causal link between your complaint and the employer’s retaliatory behavior. Timing is usually the best way to prove retaliation when the adverse action happens right after the complaint.

If you feel you are a victim of workplace retaliation, contact our skilled team of Philadelphia area lawyers who handle religion discrimination cases and much more, today. In fact, let us analyze the facts and get you the justice you deserve! Schedule your free and confidential consultation by filling out a convenient contact form online or calling our office at (856) 746-6332.  

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