Retaliation in the workplace occurs when an employer takes materially adverse action against an employee because the employees exercised a legally protected right. The Supreme Court has continued to deem an employer’s actions to be unlawful where it dissuades a reasonable worker from engaging in protected activity, including making or supporting a charge of discrimination. These claims are evaluated independent from the underlying claims, allowing retaliation to be found even where the underlying discrimination claim is not proven. Retaliation does not always take the form of a formal termination. Employers can demote, suspend, change schedules, and make life miserable in an attempt to make you quit. These acts are just as illegal as retaliatory termination.
Title VII of the Civil Rights Act of 1964 prohibits retaliation against an employee because they opposed unlawful discrimination on the basis of race, color, religion, sex, or national origin, or participated in an investigation, proceeding, or hearing under Title VII.
Fair Labor Standards Act (FLSA) prohibits retaliation against employees who file wage-and-hour complaints, participate in FLSA proceedings, or assert overtime or minimum wage rights.
Americans with Disabilities Act (ADA) prohibits retaliation against employees who: Request reasonable accommodations; Oppose disability discrimination; Participate in ADA proceedings. Disciplinary action after requesting workplace accommodations & Termination after filing a disability discrimination complaint.
The Age Discrimination in Employment Act (ADEA) protects employees aged 40 and over from age-based discrimination and prohibits retaliation against individuals who oppose age discrimination, file an EEOC charge alleging age bias, participate in an ADEA investigation or proceeding, and provide testimony in support of another employee’s claim.
If you think you are a victim of retaliation on your job, talk to an experienced employment law attorney at VKV. Our attorneys have extensive experience working with cases involving cheating on government contracts and fraudulent public accounting under the Sarbanes-Oxley Act of 2002. We understand how difficult it is for a single employee to stand up against the power of a large corporation. VKV lawyers are here to help.
“We are a comfortable, compassionate law firm. We listen to your concerns and understand how tough it is to call out your employer when you are suffering retaliation. The only way it is going to stop is to stand up for your rights. They want you to quit — don’t. Let us help you fight back.”
— Robert Valli, Jr.
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