Employees have specific rights that are enforceable via federal and state laws. It’s critical that they understand these and know what they can do if their rights are violated. One of the important rights that all employees have is the right to not face retaliation by an employer because of a protected activity or status.
Retaliation is any negative employment action that’s based on the protected activity or status. Even seemingly minor adverse employment actions, such as being moved to a less desirable shift, are illegal if they occur for unlawful reasons. The same is also true for other actions, such as termination, demotion and reduction in pay.
What are protected activities and statuses?
Protected activities include things like taking leave under the Family and Medical Leave Act or participating in an investigation, trial or other actions related to harassment, discrimination or other illegal activities. They also include filing complaints about those types of situations.
Protected statuses include various things that are written into law. Some of these include:
- Gender
- Race
- Age if over 40 years old
- Disability
- Genetic information
- Religion
- Marital status
- Sexual orientation
There are a host of other statuses and activities that are protected by law. Because of this, it’s often best for employees to seek assistance from someone familiar with these matters.
Are disciplinary actions ever allowable?
Disciplinary measures aren’t ever allowable when they’re in response to a protected status or activity. This doesn’t mean that employers can’t discipline employees for company policy violations. If an employee violates company policy, they can face the same punishment as any other employee who did the same thing.
Cases involving retaliation in the workplace can be rather contentious. It may be beneficial for individuals to work with someone who can assist them in determining the best course of their case. Shouldering this weight alone when there is so much at stake is usually unwise.
