Workplace retaliation is when an employer or company leader takes negative or an adverse employment action against you because you exercised a right or engaged in “legally protected activity.”

The most common basis of employment discrimination is retaliation. As of 2021, retaliation makes up approximately 56% of all discrimination charges. Further, this is a 146.9% increase from 1997, when retaliation only made up 22.6% of all charges. – CDC

What is Protected Activity?

Under federal law, the act of filing a complaint of discrimination or harassment is “protected activity.” Because it’s protected, this can make it illegal for your employer or other company leader to respond to the complaint in a disciplinary or inappropriate manner.

Examples of “protected activities” are:

  • Making formal complaints to human resources or management about discrimination at work
  • Taking part in a discrimination investigation or lawsuit against your company
  • Filing a discrimination charge against a manager or other company leaders

Common examples of retaliation after filing a formal complaint include:

  • Keeping you from attending business meetings
  • Transferring you to a different department
  • Withholding  raise or promotion
  • Giving you a negative performance review
  • Making the workplace unsafe.

Common Examples of Adverse Employment Action:

  • Firing or demoting you
  • Reducing your salary of benefits
  • Changing your work schedule
  • Transferring you
  • Denying you a promotion or raise

If You Have Been Retaliated Against In The Workplace, We Can Help You.

Schedule a complimentary consultation with Martin & Martin attorney’s today.