Employees who file a harassment or discrimination complaint are supposed to be protected from retaliation. Employers are not supposed to punish people for exercising their rights.
Employees who file a harassment or discrimination complaint are supposed to be protected from retaliation. Employers are not supposed to punish people for exercising their rights. However, it still happens. If you want to file a retaliation lawsuit, then you will have to prove the following things:
– You engaged in an activity that is protected
– Your boss has taken action against you.
– Your boss took action because of the activity.
There are federal laws against discrimination. There are also laws that prevent employers from retaliating against people who engage in protected activity. The following are examples of protected activities.
Employees who oppose illegal acts in the workplace are protected from retaliation. Employees who complain about harassment are protected. Witnesses who participate in an investigation are also protected.
Employees who file a discrimination claim or act as a witness are protected.
Any negative action that an employer takes because a person filed a complaint can be considered retaliatory. This includes things such as salary reduction, demotion, changing job assignments and changing job duties.
In order to prove that retaliation occurred, you have to prove that the two events are connected. An employer can take an adverse reaction against the employee without it being considered retaliatory. For example, a person reports harassment. The company has to lay off several people due to a reduction in budget. The person will not be able to prove that the employer’s actions were retaliatory.
Timing is one of the factors that has to be considered. If the negative action took place shortly after the employee complained, then it is likely retaliatory. The employee also have to prove that the employer knew about the complaint. Additionally, there must be a lack of explanation for the employer’s actions.