Some employers may decide to retaliate against their employees for opposing an act of discrimination in the workplace. Employer retaliation is not legal as long as you are a covered individual, opposing adverse action on the part of your employer and the manner in which you choose to oppose your employer is a protected activity. You can protect yourself from employer retaliation by becoming informed of the appropriate actions to take and knowing your rights. Employers are not allowed to fire, harass, demote, or “retaliate” against an employee for filing a charge of discrimination or opposing discrimination. The Equal Employment Opportunity Commission (EEOC) has laws that protect against retaliation. In addition, so does the Americans with Disabilities Act (ADA), which protects individuals from coercion, intimidation, threat, harassment, or interference in the exercise of their own rights or their encouragement of someone else’s exercise of rights granted by the ADA.

Being a Covered Individual

To be considered a covered individual you must be opposing or have opposed unlawful practices or have participated in the proceedings, which deal with employment discrimination based on race, color, sex, religion, national origin, age or disability. If you are closely associated with someone who is opposing employment discrimination you would be a covered individual. For example a close relative or friend. However, you would not be a covered individual if you are challenging your employer’s ethical or financial practices, this only applies to employment discrimination.

What is Adverse Action?

Adverse Action is an action that would try to prevent you from participating in an employment discrimination claim or proceeding. Some examples of adverse action would be termination, refusing to hire someone, or denying a promotion. You could also experience threats, negative reviews, negative references, or increased surveillance. You may also encounter unjustified civil or criminal claims to try and prevent you from pursuing your rights. Adverse actions are not petty or negative comments made, and if you have filed an EEOC claim against your employer it does not excuse you from performing your job, or from following workplace rules.

What is Protected Activity?

Protected Activity is when you inform your employer that you believe they are engaging in discriminatory behavior in the workplace. Your opposition should be based on a reasonable good faith belief that the behavior is violating anti-discrimination laws. Some examples of protected activity would be complaining to anyone about the alleged discrimination, filing a charge of discrimination, picketing in opposition to the discrimination, and refusing to obey an order you reasonably believe to be discriminatory. Non protected activity would be any activity that is unlawful or participating in activity that would interfere with job performance.

If you wish to learn more about what you can do to protect yourself against employer retaliation, speak to one of our experienced and professional attorneys to help you understand your rights.