Reporting workplace harassment is a brave and important step. Unfortunately, not every employer responds with the professionalism and care the law requires. In many cases, employees who speak up find themselves facing new challenges—being treated differently, passed over for promotions, or even terminated. This is known as retaliation, and it is illegal.
In this blog, we’ll break down what retaliation is, how to recognize it, and what you can do if it happens to you.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes negative action against an employee for engaging in a legally protected activity—such as reporting harassment, discrimination, or participating in a workplace investigation.
Protected Activities Include:
- Filing a harassment or discrimination complaint
- Reporting misconduct to HR or a supervisor
- Participating in an internal investigation or lawsuit
- Requesting accommodations or asserting your legal rights
Retaliation doesn’t have to be blatant. It can be subtle and still unlawful.
Common Forms of Retaliation
Retaliation can take many forms. Some are obvious, while others may be harder to recognize right away. Common examples include:
- Termination or demotion
Being fired or reassigned to a lower-paying or less desirable position. - Pay cuts or lost benefits
Unexplained changes to compensation or benefits after filing a complaint. - Poor performance reviews
Sudden negative feedback after previously positive evaluations. - Hostile work environment
Being ignored, excluded, or subjected to increased scrutiny. - Change in job duties
Unjustified removal of responsibilities or being given undesirable tasks.
If any of these happen shortly after you report harassment, you may be experiencing retaliation.
How to Document Retaliation
If you believe you’re being retaliated against, start gathering documentation right away. A paper trail can be essential if you decide to take legal action.
What to Track:
- Timeline of events: When you filed your original complaint and when retaliation began.
- Emails, texts, and memos: Any written communications that suggest retaliation.
- Performance reviews: Before and after your complaint.
- Witnesses: Anyone who can confirm the change in treatment or behavior.
- Changes to your role or work conditions: Document any shift that seems connected to your complaint.
Store all documentation in a secure location, preferably off your work devices.
What to Do If You’re Facing Retaliation
1. Follow Up Internally
If it feels safe to do so, consider raising the issue with HR or a higher-level supervisor. Some retaliation is unintentional or the result of poor communication. However, if the behavior continues or worsens, it’s time to escalate.
2. File a Formal Complaint
You may have grounds to file a retaliation complaint with the:
- Equal Employment Opportunity Commission (EEOC)
- California Civil Rights Department (CRD)
Both agencies enforce laws that prohibit retaliation against employees who report workplace harassment or discrimination.
3. Consult an Employment Law Attorney
An attorney can:
- Evaluate the strength of your retaliation claim
- Help you file administrative charges with state or federal agencies
- Represent you in negotiations or litigation, if needed
Early legal advice can make a major difference in the outcome of your case.
You Don’t Have to Tolerate Retaliation
Retaliation is not just unfair—it’s against the law. If you took a stand against harassment and are now being punished for it, you deserve legal protection and support.
PLBH advocates for employees who’ve experienced retaliation after reporting workplace harassment. Call (800) 435-7542 today for a confidential consultation and find out how we can help you protect your rights and move forward.