Retaliation is an act of reprisal against a group or individual who threatens, reports, or participates in an activity perceived as undesirable by the organization. Retaliation can take many forms, including being punished for filing a complaint that was found to be valid. If you feel your rights have been violated in the workplace, it’s important to know how to respond and advocate for yourself.
Retaliation can occur when an employee reports discrimination or harassment. It can also happen when an individual speaks up or participates in activities that conflict with the interests of their employer. Any action taken against you within 90 days of your protected activity is likely to be considered retaliatory, even if the adverse action is not related to your complaint. If you believe that you are suffering retaliation, there are several steps you can take to protect yourself and assert your rights.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employee or job applicant is punished for filing a discrimination claim, participating in an investigation that uncovered a violation of the law, or otherwise acting on their behalf. Sometimes, each of these violations can be considered retaliatory in its own right. Filing a complaint is often considered “protected activity” in that it is behaviour that an employer cannot retaliate against, except under certain circumstances. For example, an employer can always fire an employee for poor performance or misconduct. Filing a discrimination complaint or participating in an investigation of illegal workplace activity does not fall under this category because they are legal activities.
When Is Retaliation Prohibited?
Employees may not be punished for filing a discrimination claim, participating in an investigation that uncovered a violation of the law, or otherwise acting on their behalf. Sometimes, each of these violations can be considered retaliatory in its own right. Filing a complaint is often considered “protected activity” in that it is behaviour that an employer cannot retaliate against while they investigate the allegation. For example, an employer can always fire an employee for poor performance or misconduct. Filing a discrimination complaint or participating in an investigation of illegal workplace activity does not fall under this category because they are legal activities.
Employers are also prohibited from retaliating against employees who participate in discrimination investigations. Employers also cannot retaliate against an employee for requesting a reasonable accommodation as part of disability discrimination protections.
How Do You Know If Your Employer is Retaliating Against You?
If you believe that your employer took retaliatory action against you, it’s important to document what happened. You should keep a detailed log of any behaviour that seems retaliatory and when it occurred. If possible, you also should try to save copies of any emails or other documentation related to the issue to preserve your evidence. Try to describe the situation in a way that makes it clear that your employer is responsible. This can include describing the circumstances and who was present. It’s also helpful to provide details about why you believe you are being retaliated against. For example, if you believe that you were fired because of your complaint, describe the actions that led up to your termination. This could include speaking with your boss or reporting the behaviour of an abusive coworker.
What to Do If You Suspect Retaliation?
If you believe that your employer has retaliated against you for taking action against illegal workplace activity, there are several steps you can take. First, it’s important to talk to an attorney about the situation. Retaliation for participating in an investigation or filing a discrimination claim is illegal, and attorneys can help you understand your rights and options. You also may be able to sue your employer in court or file a complaint with the EEOC or state agency that enforces anti-discrimination laws. If you have concerns about retaliation, it’s important to start documenting your situation.
You will need to log each incident of retaliation that you encounter, even if it is not severe enough to report to legal authorities. This should include whatever information you can gather about the incident, including who was involved in the retaliation and what behaviour led up to it. It’s also helpful to document any conversations that you might have with your employer about the situation and how they responded.
Building a Case of Retaliation:
It’s important that you document every incident of retaliation. This can be done by keeping a detailed log of what happened, including when it happened, who was involved as well as any written or oral communication between you and your employer. One of the most common forms of retaliation is a negative performance review after filing a discrimination complaint with your employer. You should document any negative performance reviews that you receive and stay on top of reporting any new complaints that might develop in the future. It can be difficult to prove that an employer was engaged in retaliation, but if you document your case thoroughly, your evidence may make it easier for you to prove that you have been a victim of workplace retaliation.
Bottom Line:
If you believe that you are a victim of workplace retaliation, it’s important to document the situation. You should keep a detailed log of what happened, including when it happened, who was involved in the retaliation and any written or oral communication between you and your employer. One of the most common forms of retaliation is a negative performance review after filing a discrimination complaint with your employer. You should document any negative performance reviews that you receive and stay on top of reporting any new complaints that might develop in the future.
