Los Angeles, a hub of diverse industries, has its share of workplace disputes. Every worker in this city must understand their rights, especially when it comes to workplace retaliation.
Retaliation happens when an employer punishes an employee for legally protected actions. Everyone must recognize these situations.
If you are facing such a situation, you may need to consult a legal professional. For example, if you are in Los Angeles, you may want to seek advice from a Los Angeles workplace retaliation attorney. They will help you understand your rights and options.
Protected Activities: The Foundation of a Retaliation Claim
A “protected activity” is any action taken by an employee that is legally protected. Your employer cannot retaliate against you for engaging in such activity. Some common examples of protected activities include:
- Reporting discrimination or harassment: This could be based on race, sex, religion, age, disability, sexual orientation, gender identity, or other protected characteristics.
- Participating in a workplace investigation: If you’re asked to provide information about discrimination or harassment, your employer cannot retaliate against you for cooperating.
- Filing a complaint with the Equal Employment Opportunity Commission or a similar state agency: This could be a complaint about discrimination, harassment, or other unlawful employment practices.
- Opposing unlawful employment practices: You are protected from retaliation if you refuse to follow an unlawful order or participate in illegal activity.
- Whistleblowing on illegal or unethical company activities: Reporting wrongdoing to authorities or your employer can be a protected activity.
- Requesting reasonable accommodations for a disability: If you have a disability, you have the right to request reasonable accommodations. Your employer cannot retaliate against you for doing so.
- Taking protected leave under the FMLA: Using Family Medical Leave Act leave for a serious health condition or to care for a family member is a protected activity.
Examples of Retaliatory Actions
Retaliation can take many forms, both subtle and overt. Some common examples of retaliatory actions include:
- Demotion or reassignment: Being transferred to a less desirable position or having your job responsibilities reduced.
- Negative performance reviews or disciplinary actions: Receiving unfair criticism or being subject to disciplinary measures.
- Termination of employment: Being fired or laid off without a legitimate reason.
- Harassment, intimidation, or bullying: Being subjected to hostile work environments or abusive behavior.
- Reduction in pay or benefits: Having your salary or benefits cut or denied.
- Exclusion from meetings or work-related activities: Being excluded from important discussions or opportunities.
- Denial of promotions or training opportunities: Being passed over for promotions or denied access to training programs.
Establishing a Retaliation Claim: The Necessary Elements
To successfully establish a retaliation claim, an employee typically needs to demonstrate the following elements:
- Protected Activity: The employee must have engaged in a protected activity, such as reporting discrimination or harassment, filing a complaint, or requesting reasonable accommodations.
- Employer Knowledge: The employer must have known about the protected activity.
- Adverse Employment Action: The employee must have suffered an adverse employment action, such as termination, demotion, or reduced pay or benefits.
- Causal Connection: There must be a causal connection between the protected activity and the adverse action. This can often be shown through temporal proximity, meaning the adverse action occurred shortly after the protected activity.
Documenting and Reporting Retaliation
Documenting instances of retaliation is crucial. Keep detailed records of dates, times, specific incidents, names of witnesses, and any communications related to the retaliation. This documentation will be invaluable if you decide to pursue legal action.
If you believe you’ve experienced retaliation, it’s important to report it to your employer’s human resources department or another designated internal reporting mechanism. You may also consider filing a charge with the EEOC or a similar state agency.
Guest writer.
