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A Workplace Discrimination Lawyer Protects Employers And Victims In Retaliation Cases

Most workplace discrimination laws make it illegal to discriminate against people in protected classes. These laws also bar retaliation against employees who assert their rights under discrimination law. Here, workers can learn about workplace retaliation and they can learn how a Workplace Discrimination Lawyer can help them protect their rights.

What is Workplace Retaliation?

Retaliation is defined as an adverse action against a worker who complains of harassment, discrimination, or a workplace law violation. It is also considered retaliatory to take action against an employee who takes part in an investigation of such a problem. Adverse actions can be performed by fellow employees, managers, or bosses.

What is Considered an Adverse Action?

Many things may qualify as adverse actions, but some of the most common examples are:




Negative performance reviews

Changes in assignment or shift

Hostile behaviors in the workplace

Good Intentions Aren’t Always Enough

Even if an employer has good intentions, they may retaliate against an employee unintentionally. For instance, if a female worker complains of sexual harassment and is subsequently transferred to another location, it may be considered retaliation. To avoid such claims, employers should focus on the wrongful acts rather than the victim.

Avoiding Workplace Retaliation

Employers can take many steps to reduce the incidence of workplace retaliation. They can make clear policies against it, and they can communicate effectively with complainants. Employers should take complaints seriously and document steps that are taken.

Allowable Examples of Adverse Action

Adverse actions are only retaliatory if they are done in response to an employee’s assertion of their rights under employment law. Employers are allowed to take action against workers for the reasons listed below.

Poor performance

Chronic lateness

Sexual harassment of other workers

Many employers are concerned that if they take an adverse action against an employee described above, they may complain of retaliatory practices. In these cases, the employer should be prepared with valid reasons for the actions they’ve taken. Employment discrimination laws are complex and a Workplace Discrimination Lawyer with can help to defend those facing retaliation claims. Moreover, a lawyer can help a victim determine which steps to take.