There are many ways for businesses to violate the rights of employees. Employers might discriminate against workers based on their sex, race or age. They might fail to follow safety standards or demand that workers perform functions that break the law.
The choices that businesses make can have direct implications on employees’ well-being and career development. When workers are aware of their rights, they may assert themselves by communicating with their employers or even outside agencies.
Unfortunately, then they may be in a position to face employer retaliation. While retaliation is against the law, it is a leading cause of employee lawsuits. Retaliation is any sort of punitive action taken against a worker because of protected activities. Protected workplace activities include:
- reporting harassment
- speaking up about unsafe work conditions
- refusing to perform illegal job tasks
- requesting medical leave
- requesting accommodations
- acting as a whistleblower
- attempting to unionize
There are many other protected activities as well. Employees may face retaliation if their employers take issue with them asserting their rights.
What does retaliation entail?
Retaliation often involves unfair termination. Companies fire workers after they try to use their rights. Other times, retaliation might look like a job transfer that has negative implications. Moving a worker to a lower-paid position, a later shift or a facility farther away from where they live could all constitute retaliation. Some companies try to hide their retaliation by putting workers on a performance improvement plan or writing them up for minor violations.
Recognizing a demotion, transfer or termination as illegal employer retaliation can help workers fight back. Employees punished for asserting themselves or doing the right thing may need to take legal action to hold their employers accountable.