Retaliation in the workplace occurs when an employee makes a claim of discrimination or harassment to a supervisor or the EEOC, and the employer treats the employee negatively.
Retaliation can occur with any type of discrimination or harassment report, including discrimination based on race, color, national origin, gender, disability status, age, and sexual orientation.
Examples of retaliation include but are not limited to:
- Firing or demoting an employee
- Leaving an employee out of training opportunities or opportunities for advancement
- Moving an employee to a different department or changing their job responsibilities
- Disciplining the employee
- Discontinuing an employee's benefits
If you made a report to your supervisor or the Equal Employment Opportunity Commission for discrimination or harassment and your employer has taken action against you, you could be the victim of retaliation.
An experienced attorney can assist you with a retaliation claim in order to protect your rights under Pennsylvania law.
I'm a Victim of Retaliation. What Should I Do?
There are laws to protect employees from discrimination or harassment in the workplace. These laws extend to protect employees from retaliation.
An employer cannot act out against an employee for reporting discrimination, harassment, safety issues or violations of certain codes. However, these laws don't always deter employers from retaliating against employees.
Click here for EEOC law information
You may wish to discuss the reasoning behind your employer's actions, if the situation merits it.
Your employer may have given you a demotion due to documented poor work performance. However, your employer must be able to show clear evidence of an alternative explanation for any action.
When is an Action NOT Retaliation?
Often, employers will treat an employee differently if they learn that the employee made a complaint against the business for harassment or discrimination, or has participated in an investigation of the workplace.
“However, if this does not affect your employment status or your ability to do your job in any way, it is not considered retaliation from a legal standpoint.”
In order to be considered retaliation, your employer's actions toward you must impede your ability to work in some way, or must have a negative effect on your overall employment.
Call an Experienced Attorney
Contacting an experienced Pittsburgh employment law attorney is a wise strategy to learn more about your rights and legal options.
Sean A. Casey, Esq. is skilled at representing clients who have been retaliated against in their workplace, and he can help you obtain justice and compensation for the losses you've incurred as a result of your employer's actions.
Immediately upon consultation, Attorney Casey will assist you in building your case, and he will passionately advocate for your rights each step of the way.