Under Pennsylvania law, it is illegal for your employer to retaliate against you in certain situations. Here's are the most frequently asked questions about employer retaliation and what you can do about it: 1. What is Retaliation? According to the United States Equal Employment Opportunity Commission, "An employer may not fire, demote, harass or otherwise
Under Pennsylvania law, it is illegal for your employer to retaliate against you in certain situations.
Here's are the most frequently asked questions about employer retaliation and what you can do about it:
1. What is Retaliation?
According to the United States Equal Employment Opportunity Commission,
"An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination."
2. How is Retaliation Proven?
Retaliation can be exceptionally difficult to prove, since few employers actually admit that their actions were in direct relation to an employee's charges. However, evidence that retaliation occurred may include:
- Failure on the part of the employer to investigate any claim of discrimination
- Any actions that the employer took against an employee that occurred around the time of the complaint
- The employer has taken negative action toward other employees who made a complaint in the past
- The employee that made the complaint was treated differently than other employees who did not make a complaint
The best thing to do after lodging a complaint of discrimination in the workplace is to keep detailed records of what happens afterward at work.
Save any emails, or jot down conversations between you and your employer while they are fresh in your memory.
Be sure to examine your employer's rules for what sort of documents can and can't be taken home - if you signed a confidentiality agreement, you don't want to violate it by taking home documents that are protected under the agreement.
3. Is a Discharge the Only Thing That Qualifies as Retaliation?
While being fired for lodging a complaint of discrimination is one of the most common forms of retaliation, it is not the only one. Retaliation can also take the form of being demoted, being left out of raises or job advancement opportunities, or harassment and unfair treatment in the workplace.
Any negative action that is made against an employee who has filed a complaint of discrimination may be considered retaliation if the employer does not otherwise have a legitimate reason for said action.
4. What to Do If Your Employer Retaliates Against You
If you have made a complaint of discrimination and your employer has retaliated against you for doing so, it is critical that you obtain the counsel of a seasoned Pennsylvania retaliation attorney as soon as possible.
A skilled attorney can fully evaluate your case and assist you in determining if your employer did, in fact, retaliate against you and what proof you may have of the retaliation. Your attorney can contact your employer directly, or work with the EEOC.
Sean A. Casey, Esq., has assisted many victims of retaliation in the workplace, and he will bring his expertise to the table in your case. He will aggressively and passionately represent you and will advocate for your rights under Pennsylvania law.
Contact Attorney Casey today for a consultation at (412) 201-9090 or (888) 658-0041.