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Retaliation Based on Workplace Discrimination


Federal and State Laws Ban Employer Retaliation Because You Reported Discrimination in the Workplace.

Retaliation occurs when an employer is trying to discourage employees from reporting acts of discrimination in the workplace. He takes negative employment actions against anyone who reports discrimination to demonstrate what will occur when you speak up. This type of behavior violates federal and state laws. Employees have the right to stand up against discrimination and harassment.

If your employer denies you the right to stand up against discrimination by punishing you, you have the right to seek justice. You need a discrimination lawyer who will help you speak up against illegal behavior when your employer tries to push you down.

What Is Discrimination in the Workplace?

Discrimination occurs when an employer, CEO, supervisor, manager, client, customer, coworker, or non-employee makes negative or adverse employment decisions or harasses you based on being a member of a protected class. Protected classes include the following characteristics:

Can Your Boss Retaliate Against You When You Report Workplace Discrimination?

You have the right to work in an environment free from discrimination and harassment. You also have the right to report violations of these rights to your manager, supervisor, Human Resources, or employer. In addition, you have the right to report actions against another person that you know are wrong or make you uncomfortable. It is essential for everyone’s well-being to abide by the adage, “see something, say something.”

The law prohibits any employer punishment against employees who exercise these rights to report discrimination or file a lawsuit for discrimination at work. If your employer retaliates against you for standing up for yourself and others at work, contact a discrimination lawyer to get justice.

How Can Your Employer Retaliate Against You?

Your employer may retaliate against you for reporting discrimination. Retaliation means your employer, supervisor, or manager may take negative employment actions against you. These actions occur because you exercised your rights under the law. Punishing you allows your employer to convince others to avoid reporting discrimination.

Some examples of retaliation may include, but are not limited to:

  • Your boss changes your shift to a less desirable shift.
  • Your supervisor cuts your hours. The reduction cuts your pay and removes your eligibility for benefits.
  • Your boss demotes you to an entry-level position with much less pay and more work.
  • Your boss denies you a promotion for which you are qualified.
  • Your supervisor significantly cuts your salary.
  • Your boss provides a poor performance review within weeks of reporting discrimination.
  • Your employer transfers you to another state within two weeks of reporting discrimination.
  • Your manager denied you a raise.
  • Your employer lays you off within a few weeks of filing a discrimination complaint.
  • You were fired in an act of wrongful termination.

How Do You Prove Retaliation Due to Reporting Discrimination?

To prove retaliation, you must show four elements:

  1. You must have a reasonable belief an act of discrimination occurred.
  2. You must report the discrimination or harassment to a person who can fix the problem.
  3. You must experience adverse treatment from your employer.
  4. Reporting the event and the adverse treatment must occur within a relatively close time of one another.

What Are the Rights of Victims of Retaliation Due to Reporting Discrimination?

You must report an incident of retaliation due to reporting discrimination in the workplace to the Equal Employment Opportunity Commission (EEOC) before filing it in court. The statute of limitations to file your claim is 180 days (300 days in some states). State laws protect you against retaliation based on reporting discrimination in the workplace as well.

Contact an employment discrimination attorney to learn about your rights when dealing with workplace retaliation in your state.

What Is the Average Settlement for a Retaliation Case Relating to Discrimination?

Each case is different. Therefore, there is no “average” settlement. However, as a victim of retaliation due to reporting discrimination, you deserve compensation. Your compensation may consist of lost wages, reimbursement of medical expenses, benefits, legal fees, and money for pain and suffering and emotional distress. The courts may insist your boss offer you reemployment.

Can a Discrimination Lawyer Help Your Retaliation Case?

When you experience retaliation because you report discrimination, you have a right to seek justice. A dedicated employment discrimination lawyer can help you file your claim within the proper time frame and agency or court. Your lawyer can help you stand up for your rights and negotiate for a fair and equitable settlement.

When your employer attempts to make an example out of you and stop you and others from speaking up against discrimination, you need a lawyer that will make an example out of him. You need a lawyer that believes in the law and refuses to let your employer or any other employer deny you those rights.

Speak with Our Experienced Discrimination and Retaliation Attorneys for Your Free Consultation

You have the right to work in an environment without discrimination and harassment. You also have the right to stand up for your rights when they are violated. If reporting discrimination resulted in retaliation, the Derek Smith Law Group’s dedicated discrimination attorneys can help.

Did You Get Fired from Work Because You Reported Discrimination in the Workplace? You Have a Right to Report Discrimination without Fear of Retaliation. Please Call 800.807.2209 to Learn More About Your Rights.

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