Taking a stance against unjust employment actions, like inappropriate hiring processes, biased dismissals, or harassment, is undeniably challenging. The additional fear of facing repercussions from your employer amplifies this distress.
Recent statistics reveal that retaliation in professional settings is not rare. In 2018, retaliation claims comprised more than half of all complaints submitted to the Equal Employment Opportunity Commission (EEOC). This staggering statistic equates to over 39,400 employees feeling compelled to report retaliatory behavior by their U.S. employers that same year.
Thankfully, multiple state and federal legislations have been enacted to shield employees from such retaliatory behaviors. It’s crucial for those who sense they’re being targeted, or those hesitant to report workplace misconduct due to potential repercussions, to comprehend the nature of workplace retaliation and their rights under the law.
Understanding the Act of Whistleblowing
A whistleblower is an individual who discloses information, either to external authorities or internally within an organization, about unethical actions or breaches of law by their employer. This disclosure could relate to illegal employment practices, unsafe working conditions, or other legal violations. Inside the company, a whistleblower might report these issues to a person in authority, who then has the responsibility to address the concerns.
Defining Retaliation
The EEOC defines workplace retaliation as any negative action an employer takes against an employee because they reported workplace discrimination, harassment, or other illicit activities. Reporting specific employer misdeeds is deemed a “protected activity”, making it illegal for employers to respond negatively to such actions.
This protected status encompasses activities such as:
- Lodging a complaint with the EEOC;
- Reporting workplace discrimination to higher-ups;
- Participating in inquiries against the employer;
- Standing up against inappropriate advances or defending colleagues;
- Requesting reasonable accommodations for disabilities or religious observances;
- Raising concerns about potential pay disparities.
If, after engaging in these protected activities, you suddenly face a hostile workplace environment or negative treatment, it might be a case of retaliation. Signs of retaliation range from sudden dismissals or demotions, unjustified negative reviews, or the spread of baseless rumors to deliberate attempts by employers to disrupt your work-life balance or threats to your overall well-being.
Your Legal Armor Against Retaliation
Several federal and state regulations are in place to ensure that employees aren’t punished for reporting wrongful acts. These laws underscore that employers cannot penalize employees for flagging unjust actions, even if these allegations don’t result in legal consequences. The act of reporting must, however, be made in good faith.
The Whistleblower Protection Act of 1989 is one such vital legislation that offers legal safety to U.S. employees who spotlight misuse of power, illegal activities, or potential threats to the public. This act encourages transparency and holds organizations accountable, ensuring that employees can speak out without the dread of reprisals.
Facing Retaliation? Your Next Steps
If you’re enduring retaliation after spotlighting a workplace irregularity, recognizing your rights is the first step. It’s forbidden for employers to subject you to retaliatory measures, and you’re entitled to a safe working environment in all aspects.
Although self-representation might seem appealing, having an adept employment law attorney by your side can be pivotal. Addressing a retaliation complaint demands a profound understanding of pertinent laws and a solid evidence base. An attorney well-versed in employment law can guide you, ensuring your case is robust and that you get the justice you deserve.
Remember, it’s essential to stand up for your rights. Engaging a competent, seasoned, and committed workplace retaliation attorney will not only guide you through the legal maze but also reassure you that your interests are protected. Contact us at (800) 435-7542 to learn more about how PLBH can support you.