The U.S. Equal Employment Opportunity Commission (EEOC) reports that in 2020 about 60 percent of all discrimination complaints realted to retaliation.
Bullying and unfair treatment isn’t just happening in academic settings, but in the workplace too.
Luckily, this is exactly why the EEOC exists. To enforce laws that protect employees from harassment and abuse in a work environment.
Workplace harassment becomes illegal when the behavior becomes a condition of employment. Also, when the harassment is severe enough that any reasonable person can recognize the abuse or mistreatment.
Forms of workplace discrimination include targeting someone’s…
Race
Skin color
Religious affiliations and beliefs
Sex status
Sexual orientation
Gender identity
Pregnancy status
Place of national origin
Age (beginning at the age of 40)
Disability status
Genetic information
Family medical history
It’s best to file a complaint with your supervisor or human resources department when dealing with harassment or discrimination at the workplace.
However, sometimes management brushes off the situation or even becomes upset towards the victim for complaining. If an employer feels they’re getting the short end of the stick, then they may look to get even with the employee. This is where retaliation comes into play.
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What is Retaliation?
Retaliation, according to the EEOC, includes punishing employees for asserting their rights to be free from employment discrimination including harassment.
Retaliation also applies to those not directly affected, but report harassment they’ve seen. Both of these groups who make reports are what society calls “whistleblowers”.
Believe it or not, the term whistleblower dates back to the 19th century. During that time, the connotation behind the word was mostly negative and essentially meant a “snitch”.
It wasn’t until recently that the definition has taken on a new role. The meaning of the term today refers to someone who reports illegal or unethical behavior at their workplace.
Unfortunately, many employers don’t welcome whistleblowers and often meet them with backlash.
But, any activity that dissuades an employee from reporting a possible violation can be a form of retaliation.
Common activities that may incite retaliation include the following…
Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.
Communicating with a supervisor or manager about employment discrimination, including harassment.
Answering questions during an employer investigation of alleged harassment.
Refusing to follow orders that would result in discrimination.
Resisting sexual advances, or intervening to protect others.
Requesting accommodation of a disability or for religious practice.
Asking managers or co-workers about salary information to uncover potentially discriminatory wages.
Requesting or taking a leave of absence under the Family and Medical Leave Act (FMLA).
If you face consequences following one or more of these actions, you may have grounds for a legal retaliation claim.
Retaliation in The Workplace
There are different ways an employer may show retaliation against an employee. Depending on the situation and the harasser, severity may vary.
A few examples of retaliation in the workplace include…
Give a performance evaluation that’s lower than it should be; passed over for a promotion/raise.
Transfer the employee to a less desirable position/shift.
Cut an employee’s hours or pay.
engage in verbal or physical abuse;
Increase scrutiny.
Termination/suspension.
Protection against retaliation applies to all employees, employment agencies, or labor organizations covered by the EEO laws. This includes applicants, current employees, and former employees. Let's take a closer look at what these kinds of retaliation entail.
Sign 1: Passed Over for a Promotion/Raise
Imagine you’re up for a promotion. You’ve spoken to your boss about next steps, the entire company knows you’re sure to get it, and you’ve already told your family and friends. Yes, you’re that sure.
But, there was an issue where you took notice that a new employee was subject to harassment by someone in management and you made sure to report it.
Well, management didn’t appreciate it and to teach you a lesson, you didn’t get the promotion.
This is a perfect example of workplace retaliation.
Employers may think they’re beating the system because they aren’t outwardly firing someone. By not giving them a raise or a promotion, they can still create an unfair work environment for the employee and give them punishment.
This is actually retaliation and is just as illegal as firing someone for exercising their rights in the workplace.
Sign 2: Denied Advancement Opportunities
If you’re flatout denied advancement where you work, that’s a major sign of retaliation. It’s the exact opposite of what the EEOC stands for…unequal opportunity.
If you ask 10 people whether or not they want to advance at their job or in their career, I guarantee that at least 9 of them will say that they want to. That’s not a proven statistic, it doesn’t have to be. The fact of that matter is that people want to succeed at their job. But just in case you’re a statistics person, let’s break down this notion a little further.
A recent survey determined that a salary increase is the primary driving force behind nearly 40% of people looking for a new job.
What does advancement opportunities usually lead to in the workplace? It SHOULD lead to an increase in salary. If you receive more responsibilities and work without an increase, it’s another sign of retaliation (more on that later).
Unfortunately, this type of retaliation might be one of the hardest to prove as an employee. Especially if your boss has been unfairly distorting your performance reviews.
Sign 3: Termination/Suspension/Reassignment
It’s illegal to ask someone to relinquish their current responsibilities for something less.
Or even worse, to terminate or suspend an employee. While retaliatory termination is widely understood by most employers/employees to be illegal, demoting or assigning someone a less than ideal job duty can be more subtle.
Whether the reassignment is temporary or permanent, giving someone less than ideal work tasks or conditions after they have made a complaint is a form of retaliation.
Many employers hope that by doing this they can get an employee to leave or quit on their own.
Sign 4: Cut Pay/Hours
Docking someone’s pay or the amount of hours they usually work is another common form of retaliation.
What could be the harm in changing the schedule of someone who hasn’t been showing up to work as often as they should, right? I mean, you want someone that is actually going to show up.
Believe it or not, this can leave a company wide open for a retaliation case.
For example, if someone is experiencing known medical issues that takes them out of work for an amount of time and an employer decides to cut their hours, this is illegal. The employee who lost hours due to their upset employer at their sudden change of availability has a potential retaliation case.
The same goes with the amount of pay. Reducing an employee’s wages for the same reasons falls under retaliation as well.
Sign 5: You're Always Asked To Do More
Another clear sign of retaliation at work is that you’re always asked to do more.
If you’re the owner or manager of an organization and you just read that last sentence, you might be a little shocked. I bet you thought, “You mean to tell me that as an employer I cannot ask my employees to do more without raises?”
That’s not what I mean by the first sentence.
A sign of retaliation in this sense is if one particular employee is always singled out to do more work over others. Everyone at the job taking on additional responsibilities doesn't qualify…that’s just how the work world works.
But, if you’re an employee and your boss almost exclusively requires you to complete tasks outside of your responsibilities with an increase in pay…they might be retaliating against you.
Sign 6: Verbal or Physical Abuse
At the risk of sounding obvious, an employee who experiences physical/verbal abuse after making a report against their employer is likely experiencing a form of retaliation.
Many employees who report workplace retaliation say they experience verbal abuse by someone in management. However, we can’t place all of the blame on management in this blog. Retaliation claims involving verbal abuse can also include harassment from coworkers, too.
If a threat of violence or a physical attack falls upon an employee at work, this is a criminal and unlawful act that needs addressing.
Physical abuse can include…
Threatening to fight someone after work hours.
A slap or punch.
Shoving or tripping.
Assault with a weapon.
This isn’t an exhaustive list of examples of physical assault. If you feel you’re experiencing acts of violence you have the right to not only file a lawsuit but a police report as well.
Sign 7: Sexual Harassment
Although sexual harassment could technically fall under the umbrella of the previous section, I felt it needed it's own section.
You see, thousands of employers are now required by law to assign sexual harassment training to their employees on an annual basis.
Sexual harassment falls under a type of abuse. Thus, it is a criminal and unlawful act.
But, how does sexual harassment and retaliation relate in the workplace?
Let’s say that your manager creates a hostile work environment by making sexual remarks towards you. You then report what's happening to the owner of the company you work for. It seems as though your report to the manager went well. However, a few months go by and you receive a demotion and pay cut with no explanation.
Conclusion
If you find after making a report of discrimination or harassment, your work environment becomes more hostile, consider these tips. Document the harassment and discrimination that led up to the initial report. Try to include dates, times, and who was a part of the incident. Make note of any acts of retaliation there after that you have seen. Include as much detail of the retaliation and harassment as you can such as emails, pictures, texts, etc.
It may also be beneficial to request a copy of your performance evaluations and other records before making a retaliation claim. If you've had positive performance evaluations up until you have made a complaint, this can be clear evidence of retaliation. Especially if your employer tries to transfer, demote, fire you, or claims your job performance is poor.
Refer to the federal agency that enforces this Title 7 of the Civil Rights Act of 1964 -- the U.S. Equal Employment Opportunity Commission. You can file a complaint directly with the EEOC by visiting its online portal, via phone, in-person at one of its field offices within your state, or via the mail. For more answers to questions about employment laws, you can call the Wage and Hour Division of the Department of Labor at 1-866 4 US WAGE (1-866-487-9243).
Harassment, discrimination, and retaliation can inflict a negative impact on employee morale. If negative action is falls against you after having made a discrimination or harassment report, you likely are facing retaliation. No matter the type of retaliation you face, you are under the protection of the EEOC and have a right to report it.
