Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as complaining about discrimination or harassment, requesting an accommodation, taking protected leave, reporting wage violations, participating in an investigation, or asserting any of a wide range of statutory rights.
In order for something to be protected activity, it does not have to be illegal but just something that you reasonably and in good faith believed to be unlawful. And the adverse action doesn’t have to be termination. Demotions, pay cuts, discipline, schedule changes, reassignment to less desirable duties, hostile treatment, and constructive discharge can all qualify if they would dissuade a reasonable employee from engaging in the protected activity.
Retaliation claims often outlast the underlying complaint. Even when the original discrimination or wage claim doesn’t ultimately succeed, the employer’s response to it can independently violate the law. Remedies generally mirror those available for the underlying statutory violation.
If you believe you were retaliated against for protected activities, contact us immediately.