As an employment and civil rights lawyer, I’ve seen firsthand how employees can face retaliation and unfair practices when they stand up for their rights. While workplace laws exist to protect employees, it’s not always easy to navigate these situations without feeling vulnerable. Retaliation, in particular, can be subtle and difficult to prove. But employees have rights, and there are steps they can take to protect themselves.

In this blog, I want to provide insight into what retaliation and unfair practices look like in the workplace, how employees can recognize these issues, and most importantly, how they can protect themselves while asserting their rights.

Understanding Workplace Retaliation

Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. This could include filing a complaint about discrimination, harassment, or safety violations, participating in an investigation, or even supporting a colleague who is asserting their rights. Retaliation is illegal under both federal and state laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA).

Retaliation doesn’t always take the form of termination. While firing an employee for standing up for their rights is certainly one of the most obvious forms of retaliation, there are many more subtle ways it can occur. These include:

• Demotion: An employer may move an employee to a lower position or reduce their responsibilities as a form of punishment.
• Negative performance reviews: Suddenly receiving poor performance evaluations after filing a complaint can be a sign of retaliation.
• Exclusion: Being left out of meetings, projects, or opportunities for advancement can also be a way for employers to retaliate against employees.
• Pay cuts or denial of promotions: A sudden decrease in pay or being passed over for a promotion after asserting your rights may indicate retaliation.

These actions can be subtle and often leave employees questioning whether they are truly experiencing retaliation or if it’s just a coincidence. However, if adverse actions occur shortly after you’ve engaged in a protected activity, it’s important to pay attention.

Recognizing Unfair Workplace Practices

In addition to retaliation, employees may also encounter other unfair practices in the workplace. Unfair practices can include discriminatory actions based on race, gender, age, religion, disability, or other protected characteristics. These practices may involve harassment, unequal pay, or biased hiring and promotion processes.

Unfair practices are often systemic and difficult to spot, especially in larger organizations. However, they are illegal under several federal laws, including Title VII, the Equal Pay Act, and the Age Discrimination in Employment Act (ADEA). Recognizing these practices is the first step in protecting your rights.

For example, if you notice that employees of a certain race or gender are consistently paid less than others for similar work, this could be a sign of pay discrimination. If you witness or experience harassment that creates a hostile work environment, this is also an unfair and illegal practice.

How to Protect Yourself from Retaliation and Unfair Practices

Knowing your rights is crucial when dealing with workplace retaliation and unfair practices. While it’s normal to feel hesitant about speaking up, there are steps you can take to protect yourself. Here are some key strategies:

1. Understand Your Rights

Before taking any action, it’s essential to understand your rights under federal and state employment laws. Retaliation and discrimination are illegal, and employees are protected when they engage in activities such as filing complaints, reporting safety concerns, or participating in investigations.

Familiarize yourself with the protections provided under Title VII, the ADA, the FMLA, and other relevant laws. Knowing what is legally protected can give you the confidence to assert your rights without fear.

2. Document Everything

One of the most effective ways to protect yourself is by keeping detailed records of any incidents that could be construed as retaliation or unfair practices. Documentation is key in building a case if you ever need to take legal action. Keep track of the following:

• Emails and correspondence: Save all work-related communications that may show evidence of retaliation or discriminatory behavior.
• Performance evaluations: If you suddenly receive a poor performance review after filing a complaint or engaging in another protected activity, document the timing and specifics of the evaluation.
• Changes in job duties: If your responsibilities are reduced, or you’re moved to a different role without justification, take note of when these changes occurred and how they compare to your previous duties.

This documentation will serve as important evidence if you need to prove that retaliation or discrimination has taken place.

3. Report the Retaliation or Discrimination

If you believe you are being retaliated against or are experiencing unfair practices, don’t be afraid to report it to your employer. Many organizations have specific processes in place for handling these kinds of complaints, and it’s essential to follow the correct protocol. Report the behavior to your human resources department or through the designated reporting channels.

Make sure your complaint is in writing and keep a copy for your records. It’s also a good idea to keep a record of any conversations or meetings related to your complaint. By documenting the steps you’ve taken, you’ll have a clear trail of evidence that shows you attempted to address the issue internally.

4. Seek Legal Advice

If reporting the issue internally doesn’t resolve the situation or if you’re concerned about the potential consequences of making a complaint, it’s wise to consult an employment lawyer. A lawyer can help you understand your legal options and provide guidance on how to proceed without risking your job or further retaliation.

An experienced attorney will also help you evaluate whether your employer’s actions rise to the level of illegal retaliation or discrimination and will work with you to gather the necessary evidence to support your case.

5. Know When to Take Legal Action

In some cases, internal complaints and negotiations with your employer may not be enough to resolve the issue. If you’ve faced serious retaliation or discrimination, it may be necessary to file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.

Filing a complaint is a legal process that must be done within specific time frames, usually 180 days from the date of the alleged discrimination or retaliation. A lawyer can help you with this process, ensuring that your claim is filed correctly and within the deadline.

Conclusion: Empowering Yourself in the Workplace

Retaliation and unfair practices can make the workplace feel hostile and intimidating, but employees have rights, and those rights are protected by law. By understanding the signs of retaliation and unfair practices, documenting everything, and seeking legal guidance when necessary, you can empower yourself to stand up for your civil rights in the workplace.

No one should have to face retaliation for asserting their rights or endure unfair treatment based on discriminatory practices. The law is on your side, and taking the right steps can help you protect your career and ensure a fair, equitable work environment for everyone. As a lawyer, my job is to make sure that employees understand their rights and have the tools they need to defend them.