By Weisberg Cummings, P.C. on August 24th, 2023
A 2020 Equal Employment Opportunity Commission (EEOC) report states that 55% of discrimination complaints relate to workplace retaliation. The signs of workplace retaliation appear when an employer disciplines an employee for exercising a right or engaging in an activity protected by the EEOC.
The EEOC created retaliation laws to prevent employees from taking adverse actions toward workers. Pennsylvania state law provides additional statutes that protect workers from employer retaliation. Since employer retaliation can be subtle, learning how to identify unlawful retaliation and the steps you should take when noticing the signs is beneficial.
What Are the Different Forms of Retaliation in the Workplace?
Workplace retaliation occurs far more frequently than you might imagine. The most common signs of workplace retaliation involve actions that affect the employee’s job and working conditions, such as:
- Demotions
- Termination of employment
- Unjustified performance evaluations
- Assignment to a less desirable position
- Evasion of pay increases or promotions
- Reduction in wages, salary and benefits
- Alteration of work conditions, such as location, work hours and schedule
To determine whether these actions may constitute employer retaliation, look for the motivation behind the employer’s conduct. If your employer took one of the above actions after you engaged in a protected activity, your employer may be liable for employer retaliation.
You may be wondering whether you took part in a protected activity recently. Some examples of protected workplace activities include:
- Asking for overtime pay
- Whistleblowing to a government agency
- Refusing to follow a discriminatory order
- Filing a complaint about a health or safety violation
- Participating in government or internal investigations
- Filing complaints about sexist or racist company policies
- Reporting sexual harassment and discriminatory behavior in the workplace
6 Common Examples of Employer Retaliation
Now, we’ll take a look at some unlawful retaliation examples. Remember that the following examples may only be a sign of workplace retaliation if they occur in response to a protected action you took. Here are six types of retaliation in the workplace to help you determine whether you may be dealing with something similar.
1. Getting Demoted
In some instances, an employer may demote a worker after they take part in a protected activity. Demotion may have an unfavorable impact on the employee’s career or result in them receiving less pay. The employer’s aim here is to show the employee who has the upper hand and send a message to other workers that the same might happen to them if they take the same actions the demoted employee took.
Similarly, an employer may move an employee to another office, reduce their working hours or transfer them to another department as a form of retaliation.
2. Docking Hours or Pay
Reducing a worker’s pay or the number of hours they work is another common example of retaliation in the workplace. Picture this: you take a leave of absence under the Family and Medical Leave Act (FMLA) due to medical issues. This sudden change in availability may upset your employer and cause them to reduce your hours or wages. Then, you notice that your employer only applied this change to you.
In this case, the reduction in pay or hours due to your medical issues may be illegal and potentially be eligible for a retaliation case.
3. Missing Team Meetings and Activities
One more subtle employer retaliation example is when an employer starts inviting everyone other than the targeted worker to group activities in the workplace. For example, maybe an employee reported discrimination in the workplace and, as a result, the company leader discontinues including the worker in important meetings, events or discussions. Sooner or later, the employee may discover that projects and meetings occurred beyond their knowledge.
If you find yourself in a situation like this, you might be experiencing signs of workplace retaliation.
4. Being Harassed
Sometimes an employee may experience harassment or discrimination as a form of retaliation after reporting the employer for a specific action. This treatment can include sexual harassment or verbal or physical abuse. If your employer has made the work environment hostile or uncomfortable for you after you made a complaint, it may be grounds for a retaliation claim. Moreover, you may also file a police report if you are experiencing physical abuse.
5. Postponing a Promotion
Imagine you have an upcoming promotion. You’ve spoken with your employer about the next steps, everyone at the company knows you’ll get it, and your family and friends already know it will happen. Then, you notice someone experiencing sexual harassment from a co-worker and help them report it. Apparently, your actions upset the employer, and in retaliation, they promote someone else.
While your employer might believe they’re beating the system, this response to your action could make them liable for a retaliation case.
6. Getting Fewer Perks and Benefits
If your employer gives you fewer perks and benefits than usual after participating in a protected activity, then you may be experiencing retaliation. For example, in one EEOC case, an employee complained about their manager. In response, the manager took away their job perk of using a government vehicle. This is a clear example of retaliation because they still allowed another employee to use the car during this time.
How to Prove Employer Retaliation
The EEOC states that the standard for proving a retaliatory action involves demonstrating that the employer’s action could deter an employee from participating in EEOC complaint processes. Essentially, you should be able to prove the following three components to make a retaliation claim:
- The employee participated in a protected activity, and the employer knew about it.
- The employer took an adverse action that impacted the employee.
- The protected action caused the subsequent adverse action.
When building your potential case for employer retaliation, it’s essential to document everything. This involves writing down conversations and specifying times, dates and names. Some evidence you can also present includes:
- Emails
- Letters
- Call logs
- Witnesses
- Personal notes
- Text messages
- Business memos
- Voicemail messages
- Video or audio recordings
Seek Legal Protection From Employer Retaliation With Weisberg Cummings, P.C.
If you think you have been subject to any of the above retaliation examples at work, preserve your legal rights promptly by contacting a knowledgeable attorney at Weisberg Cummings. With over 40 years of experience, our team of qualified employment attorneys has assisted many families and individuals throughout Pennsylvania.
Our legal professionals can help you confirm whether you are dealing with retaliation and assist you with your employer retaliation claim. We welcome you to contact us by calling (855) 716-2367 or requesting a free consultation today to discuss your next steps.
