Modern Tools

Is it illegal to retaliate against an employee for a complaint?

Is it illegal to retaliate against an employee for a complaint?

For example, it is unlawful to retaliate against applicants or employees for: filing or being a witness in an EEO charge, complaint, investigation, or lawsuit communicating with a supervisor or manager about employment discrimination, including harassment answering questions during an employer investigation of alleged harassment

How to file a retaliation claim at work?

There is the possibility that these occurrences, if brought to light, will greatly impact the company, which the owners do not want. As a result, you may be targeted and retaliated against at work. Our law firm, the California Labor Law Employment Attorneys Group, has provided 6 examples of workplace retaliation for your to consider.

What is the definition of retaliation in the workplace?

Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle. Sometimes it’s clear that an employer’s action is negative—for instance, when an employee is fired. But sometimes it’s not.

What makes an employee protected from retaliation in the EEO?

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.

When does an employer retaliate against an employee?

Retaliation occurs when an employer takes an “adverse action” against an employee because s/he has exercised a “protected legal right.” Many state and federal laws protect employees from employer retaliation. Talking with your co-workers about your wages or workplace concerns — for instance, the possibility of unionizing

Is there retaliation for filing a discrimination claim?

Retaliation for filing discrimination claims or making discrimination complaints is prohibited by the same laws which prohibit discrimination itself. Complaints of retaliation are processed by the same state agencies following the same process as the underlying discrimination claim.

What to do if you are retaliated against in California?

If you have been retaliated against for making any kind of inquiry or complaint about whether you have been paid your lawful wages, you may file a retaliation claim against your employer with the California Division of Labor Standards Enforcement (DLSE, or “Labor Commissioner”). [1]

Can a retaliation be motivated by legitimate reasons?

Whether an employer’s action was motivated by legitimate reasons or retaliation will depend on the facts of the case.