What Is Workplace Retaliation?
Retaliation involves any adverse action taken by an employer in response to an employee’s legally protected activity. Examples of protected activities include:
- Filing a complaint about workplace discrimination or harassment.
- Reporting safety violations or illegal practices.
- Requesting reasonable accommodations for a disability or religious practice.
- Participating in an investigation, lawsuit, or hearing related to workplace issues.
- Taking family or medical leave under the Family and Medical Leave Act (FMLA).
Adverse actions can range from obvious measures like termination or demotion to more subtle forms of retaliation, such as exclusion from meetings or unfair performance reviews.
Examples of Retaliation
Retaliation can take many forms, including:
- Firing or demoting an employee shortly after they report a workplace issue.
- Issuing unwarranted negative performance reviews or disciplinary actions.
- Reducing pay, hours, or job responsibilities without justification.
- Excluding the employee from meetings, projects, or workplace opportunities.
- Creating a hostile or intimidating work environment aimed at forcing the employee to resign.
If you experience these actions after engaging in protected activity, you may have grounds for a retaliation claim.
Your Legal Protections
Several laws provide robust protections against retaliation, including:
- Title VII of the Civil Rights Act: Prohibits retaliation for reporting discrimination or harassment.
- Americans with Disabilities Act (ADA): Protects employees from retaliation after requesting disability accommodations or reporting violations.
- Family and Medical Leave Act (FMLA): Prevents retaliation for taking qualified family or medical leave.
- New Jersey Law Against Discrimination (LAD): Provides comprehensive protections for employees facing retaliation in New Jersey.
- Conscientious Employee Protection Act (CEPA): Shields whistleblowers from retaliation for reporting illegal or unethical practices.
These laws ensure that employees can assert their rights without fear of punishment and offer remedies for retaliation.
Steps to Take If You Experience Retaliation
If you suspect workplace retaliation, take these steps to protect yourself:
- Document the Actions: Keep detailed records of retaliatory behavior, including dates, times, and any communications with your employer.
- Report Internally: File a formal complaint with your HR department or follow your company’s procedures for addressing workplace issues.
- File a Complaint with Authorities: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Consult an Employment Attorney: Seek legal advice to evaluate your case, understand your options, and pursue justice.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience representing employees who have faced workplace retaliation. Our skilled attorneys can:
- Evaluate your case to determine if your employer violated state or federal laws.
- Help you file complaints with the appropriate agencies or pursue legal action.
- Negotiate settlements to recover lost wages, benefits, and damages for emotional distress.
- Represent you in court to hold your employer accountable for unlawful retaliation.
We are dedicated to ensuring employees can exercise their rights without fear of retribution.
Take Action Against Retaliation
If you’ve experienced retaliation for reporting workplace issues, don’t wait to seek help. Contact
Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue the justice you deserve.