Law Office of Jeffrey D. Fulton

What you should know about employer retaliation

When your employer hires you as an employee in the company, you have certain rights and are protected under the U.S. Equal Employment Opportunity Commission. One of these rights involves protection against employer retaliation, which is the most frequently alleged type of discrimination given by workers in California and across the nation. It is important that you understand your rights and know what to do if you feel you have been victimized employer retaliation.

According to the EEOC, if you engage in certain tasks, employers cannot punish or take action against you. These include the following:

  •          Protecting others or yourself against sexual advances.
  •          Asking for an accommodation because of a disability.
  •          Asking for an accommodation because of a religious belief or practice.
  •          Refusing to do something that might discriminate against other employees.
  •          Going to a supervisor to report harassment or discrimination.

You are also able to ask co-workers or managers information about their salary if you believe that you are being paid unfairly. If the company you work for is under investigation for discrimination or harassment, you cannot be punished for answering all questions honestly. Retaliation is also prohibited in a case where you file a complaint or lawsuit against the company.

 What is retaliation exactly? An employer may choose to punish you for acting in a way they dislike. For instance, you may be moved to a different, less-prestigious position, given a bad performance evaluation, verbally abused, have your work schedule changed making it hard for you to attend or have rumors spread about you, causing others to have a negative view of you.

This information is intended to educate and should not be taken as legal advice.

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