Can I Be Legally Protected From Retaliation if I Report Workplace Discrimination?

Understanding your rights and how to exercise them is critical to employees navigating today’s professional environment. Fortunately, there are laws and organizations, like the Equal Employment Opportunity Commission (EEOC), designed to prevent employment discrimination and retaliation against those who speak out against it. However, understanding these protections can be difficult. The knowledgeable attorneys at Miller Shah LLP are dedicated to protecting whistleblowers who report discrimination in the workplace from retaliatory actions by their employers. 

Recognizing Retaliation

Retaliation in the workplace can manifest in various forms. Common examples include:

• Wrongful termination, demotion, or suspension
• Harassment or threats
• Unequal discipline compared to colleagues
• Reduction in pay or hours
• Refusal to hire or promote
• Other discriminatory practices that significantly impact one’s employment terms and conditions

If you have experienced any of the above, especially following a complaint or report of discrimination, you may have a claim against your employer for unlawful retaliation.

Legal Protections for Employees

EEO laws shield employees who engage in “protected activity” from retaliation. Among other acts opposing workplace discrimination, “protected activity” includes filing or being a witness in an EEO charge, complaint, investigation, or lawsuit; communicating about employment discrimination; participating in an employer investigation; and resisting discriminatory orders.

An action becomes retaliatory if an employer, aware of an employee’s engagement in a protected activity, takes adverse action with a retaliatory motive. Recognizing and documenting these actions is crucial, as it forms the foundation of a legal claim against the employer.

If you believe you have been a victim of retaliation, you have options. Those seeking to take legal action may add a retaliation claim to any ongoing lawsuit or government investigation against their employer or may initiate a new, independent complaint. Remedies for proven retaliation vary but may include compensation for lost wages, reinstatement to your former position, elimination of adverse actions from your personnel file, and measures to prevent future retaliation by the employer.

The Importance of Choosing a Suitable Attorney

Although retaliatory conduct may seem obvious, successfully bringing a legal claim for retaliation against an employer is not always straightforward.  An employer may justify their adverse action with a non-retaliatory reason, or assert other legal defenses.  Understanding the legal framework is essential to effectively defend your rights, and partnering with the right legal counsel can make all the difference.

Miller Shah LLP has significant experience negotiating, litigating, and resolving workplace retaliation claims on behalf of discrimination whistleblowers. Our approach is grounded in a deep understanding of our clients’ needs and objectives. We pride ourselves on creating a team-oriented environment that fosters creativity and commitment to excellence, ensuring the best possible outcomes for our clients. 

Talk to an Attorney to Understand Your Rights

Reporting workplace discrimination is a brave step necessary to fostering a fair and equitable work environment all. If you have experienced retaliation for speaking out against discrimination in your workplace, the law is on your side. Miller Shah LLP can help you understand your rights and leverage those legal protections. Contact our lawyers today for a dedicated consultation.