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What should employees know about retaliation at work?

On Behalf of | Jan 17, 2025 | Workplace Retaliation

Employees shouldn’t ever be discouraged from reporting illegal activities, such as discrimination, harassment or violations of workplace safety laws, that happen at work. They should also be empowered to invoke their rights, such as taking leave under the Family and Medical Leave Act. 

Unfortunately, some managers and employers don’t want employees to do those things, so they take adverse employment actions when the employee does anything. Employees should know that they’re legally protected from retaliation that stems from any protected activity. 

What is an adverse employment action?

An adverse employment action is something that a person in a position of authority does that negatively impacts the employee’s ability to do their job duties. In order to be considered a retaliatory measure, there has to be a tie between these actions and the protected activity the employee participated in. 

When most people think about adverse employment actions, they think of very obvious things. These include termination, reduced pay or hours, less desirable schedules or undesirable changes in work locations. 

There are also more covert adverse employment actions that can occur. These include:

  • Giving unwarranted negative performance reviews
  • Isolating or ignoring the employee while working
  • Spreading false information about the employee
  • Preventing the employee from attending meetings or work events
  • Reducing the benefits the employee receives

All of these actions are retaliation if they’re because of the protected activity participation and don’t apply to all workers equally. Other retaliatory measures are also possible. 

Do protections against retaliation extend beyond the protected activity?

Even if an employee participates in a protected activity, they can still face disciplinary measures for violations of the employer’s policies. For example, if the employee handbook states an employee can be written up for being late to work, then a write-up can happen even if the employee participated in a protected activity. The key is that the action they’re disciplined for must be clearly defined and applicable to all employees.

Employees who believe they’ve been the victim of retaliation may have legal options available. Discussing their situation with someone familiar with applicable laws is beneficial. They can learn what options they have and what they need to do to uphold their rights.