Experiencing retaliation at work can be both emotionally and professionally challenging. If you've faced adverse actions after asserting your rights—whether by reporting discrimination, requesting accommodations, or participating in an investigation—it's essential to understand how to prove that your employer's actions crossed the line.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities. These activities may include:
- Reporting discrimination or harassment
- Filing a workers' compensation claim
- Requesting family or medical leave
- Participating in an investigation or lawsuit
Adverse actions can range from termination and demotion to more subtle forms like reduced hours, negative performance reviews, or exclusion from meetings.
Key Elements to Prove Retaliation
To establish a retaliation claim, you generally need to demonstrate the following:
- Engagement in a Protected Activity: You must have participated in an activity that is legally protected, such as filing a complaint or requesting accommodations.
- Adverse Employment Action: Your employer must have taken a negative action against you, such as firing, demoting, or disciplining you.
- Causal Connection: There must be a link between your protected activity and the adverse action. This can often be shown through timing; for example, if the negative action occurred shortly after your complaint, it may suggest retaliation.
Evidence to Support Your Claim
Collecting evidence is essential to demonstrating retaliation. Here are some things that could relate to the evidence:
- Written Documentation: You should keep detailed records of all aspects related to retaliatory actions, including the dates, times, and descriptions of events. This includes things, such as emails, performance reviews, and written documentation.
- Witness Statements: Witness statements from coworkers who observed the retaliatory acts would also support your case.
- Comparative Evidence: If coworkers who did not engage in protected activity received different treatment, that would indicate discriminatory behavior.
- Timing: If there is a close temporal relationship between your protected activity and the adverse action taken against you, that would demonstrated evidence of a retaliatory action.
Steps to Take if You Suspect Retaliation
If you believe you've been retaliated against at work, consider the following steps:
- Document Everything: Maintain a comprehensive record of all relevant events and communications.
- Report Internally: If possible, report the retaliation to your company's human resources department or through internal grievance procedures.
- Seek Legal Advice: Consult with an experienced employment attorney to understand your rights and options.
- File a Complaint: Depending on your situation, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor board.
How Sedey Harper Westhoff Can Assist You
If you believe you've been subjected to retaliation at work, Sedey Harper Westhoff is here to help. Our experienced attorneys specialize in employment law and can guide you through the process of filing a retaliation claim. We'll work diligently to protect your rights and seek the justice you deserve.