What Constitutes Employment Retaliation?

Forms of Retaliation

Retaliation can take many forms and is not limited to outright dismissal or termination. Other examples of adverse actions that can constitute retaliation include:

Demotion or Reduction in Responsibilities: If an employee suddenly finds themselves demoted or their job duties reduced after reporting a complaint or participating in a protected activity, this could be a form of retaliation.

Negative Evaluations or References: Unfairly poor performance reviews or negative references that are unwarranted and occur after an employee has engaged in a protected activity can be a form of retaliation.

Change in Job Shift or Location: A sudden and unfavorable change in work shift or location that negatively impacts an employee may constitute retaliation.

Harassment or Increased Scrutiny: If an employer or manager begins to harass an employee or place them under increased scrutiny following a protected activity, this could be viewed as retaliatory.

Denial of Promotions or Raises: Being passed over for deserved promotions or pay raises following the assertion of protected rights can constitute retaliation.

Exclusion: Being deliberately left out of professional opportunities, meetings, or social functions following a protected activity can also be a form of retaliation.

Proving Retaliation

To prove retaliation, an employee typically needs to show:

That they engaged in a protected activity

That they experienced an adverse employment action

That there is a causal link between the protected activity and the adverse action

While establishing this causal link can be challenging, a pattern of adverse actions closely following the protected activity often serves as compelling evidence.

Understanding what constitutes retaliation is crucial for employees to protect their rights in the workplace. If you believe you have been retaliated against, you should consider documenting all incidents and speaking with an employment law attorney or appropriate government agency to learn more about your options. Remember, every employee has the right to a safe, equitable, and non-retaliatory workplace.