Employees have very specific rights that employers can’t infringe upon. These include things like being able to report illegal behaviors, such as discrimination, harassment or violations of any laws. They also include being able to take leave under the Family and Medical Leave Act and other applicable laws and asking for accommodations for a disability.
Once an employee engages in a protected activity, the employer can’t take negative employment actions because of that activity or it’s considered retaliation. This is set up so that employees are free to speak up about things in the workplace without having to fear their employer’s reaction. All employees should understand what constitutes retaliation by an employer.
What are some examples of retaliatory behavior?
Retaliatory actions are things that affect the employee’s job. This can include writing an unfavorable review that’s not accurate or terminating an employee. Cutting their hours, dropping their pay, taking away benefits and moving them to a less desirable shift or location are other examples.
In some cases, employers retaliate in ways that aren’t obvious. Instead, they may do things like creating an unfavorable work environment for the worker. This can be done by spreading rumors about the employee, avoiding giving the employee meaningful assignments that they’d have gotten otherwise or failing to tell them about important meetings or work-related activities.
Can employees be disciplined after engaging in protected activity?
Employers can still discipline employees after they engage in a protected activity. The disciplinary measures are only legal if the action that led to it isn’t the protected activity. The action that led to the discipline must have been clearly established and the punishment must be the same as it would be for anyone who engaged in that action.
Employees who believe they’ve been retaliated against have the right to take legal action, but these cases can be complex. Working with someone who’s familiar with these laws and how to handle these matters can be beneficial for employees who are already going through the stress of having to deal with the situation.