The concept of retaliation in the workplace often arises in discrimination suits, but what does this term mean, and how is it implemented in a working environment? And why is a discrimination attorney in Jackson County, Missouri the best choice for assisting a client with this important area of employment law?
Retaliation As a Legal Concept
When someone threatens or harms another person in response to a perceived wrong committed against them by that person, this is retaliation. If an employer engages in retaliation against an employee because of the employee’s legal actions, this behavior is unlawful and subject to a lawsuit. A portion of the Fair Labor Standards Act codifies retaliation against certain acts as a violation of federal law.
Employee activities that are protected against retaliation include filing a harassment complaint to a body of the government, reporting potentially illegal activities of the employer (whistle-blowing), offering testimony in an investigation of the workplace, and serving on an industry committee. Other federal legal provisions, such as the Civil Rights Act’s Title VII, also speak about retaliation. Missouri, like most states, has its own employment laws overseen by the Missouri Department of Labor & Industrial Relations.
Common Examples of Retaliation
Any type of adverse action taken by an employer or a representative of the employer (such as a manager, administrator, or supervisor) against an employee who is exercising a legal worker’s right counts as retaliation. The following are some of the most frequent retaliatory actions taken by employers:
Wrongful Discharge or Termination
This form of retaliation occurs when an employee is fired because of the aforementioned legally protected activities. Even in employment-at-will states, wherein, in the absence of a contract or agreement, an employer can fire an employee for any reason, federal and regional laws (including anti-retaliatory provisions) must be honored at all times.
Demotion
When an employee’s position is diminished in rank, status, or responsibilities, a demotion occurs. The employee, for example, may be moved to a less prestigious job position with subsequent lesser pay. If the employer, rather than the employee, makes this decision, it is known as a compulsory demotion.
While an employer can demote an employee for work-related issues like poor performance or unprofessional conduct, demotion because an employee has taken a legally protected action is a form of retaliation. By the same token, an employee cannot be prevented from securing a rightfully earned promotion or pay raise due to retaliatory behavior.
Reprimands
A verbal or written warning about an employee’s performance or job status may also constitute workplace retaliation. The reprimand may directly take the form of a threat of firing, or it may be more subtle. For example, a manager might publicly renounce an employee’s allegations of discrimination as “unprofessional” or “offensive,” thereby engaging in harassing behavior or making an implicit threat.
Other Disciplinary Action
Poor performance evaluations can also be used as a retaliatory measure. For instance, an employee’s personnel file might suddenly become full of negative reviews after a complaint or other legally protected action is taken. This behavior can even follow the employee when moving to a new company. The former employer may provide a bad reference check to hurt the employee’s chances of securing future work.An employee experiencing workplace retaliation could face additional forms of disciplinary action as well. The employee might be suspended for a time without pay or reassigned to a different company division or a different location. Further, perks provided to other employees (such as the use of a company car) might be revoked for the affected employee. Legal disciplinary action is typically a formal process with a meeting between employer and employee, so hasty or hostile implementation may signal a potential violation.
How a Discrimination Attorney in Jackson County Can Help
The Equal Employment Opportunity Commission, a federal agency that handles complaints of workplace discrimination, lists retaliation as the most frequently cited discrimination complaint filed by federal employees and the most frequent discrimination legal ruling against employers. Because of the prominence of this issue in discrimination law, an attorney who specializes in cases of employment discrimination can provide the most meaningful aid.
Strict legal standards—such as proving that the employer knowingly committed this illegal act or sought to pressure the employee into remaining silent—must be met to prove retaliation. Plus, the evidence must be collected and presented in a way that supports an employee’s account. Discrimination attorneys have the knowledge, skills, resources, and dedication to establish the case. Potential clients can learn more about retaliation, employment law, and next steps to take from top Kansas City retaliation and discrimination attorneys.
If an employee believes they have been unfairly reprimanded, disciplined, demoted, fired, or otherwise penalized after they took a legally protected action against an employer, the employee may have a strong case for illegal workplace retaliation. Legal recourse may be taken for this form of employment discrimination.
