By Rayan 
Retaliation in the workplace occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting harassment, discrimination, or safety violations. Retaliation is unlawful and can create a hostile work environment, discouraging employees from asserting their rights. Knowing how to identify and respond to retaliation is essential to protecting yourself and seeking justice.
What Is Retaliation?
Retaliation involves any adverse action taken against an employee as a result of engaging in protected activities. Protected activities include:
- Filing a complaint about workplace discrimination, harassment, or wage violations.
- Requesting reasonable accommodations for a disability or religious practice.
- Reporting safety hazards or other legal violations.
- Participating in an investigation, hearing, or lawsuit related to workplace issues.
- Taking family or medical leave under the Family and Medical Leave Act (FMLA).
Adverse actions can range from termination and demotion to more subtle forms of mistreatment, such as reduced hours or exclusion from key projects.
Examples of Workplace Retaliation
Retaliation can take many forms, including:
- Terminating or demoting an employee shortly after they file a complaint or request accommodations.
- Issuing unjustified negative performance reviews or disciplinary actions.
- Excluding an employee from meetings, projects, or training opportunities.
- Reducing an employee’s pay, hours, or benefits without cause.
- Harassment or hostile behavior aimed at discouraging further reporting or participation in protected activities.
If these actions occur after you’ve exercised your legal rights, they may constitute unlawful retaliation.
Your Legal Protections Against Retaliation
Federal and state laws provide strong protections against workplace retaliation, including:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who report discrimination or harassment.
- Americans with Disabilities Act (ADA): Protects employees from retaliation for requesting disability accommodations or reporting ADA violations.
- Family and Medical Leave Act (FMLA): Safeguards employees who take qualified family or medical leave from adverse actions.
- New Jersey Law Against Discrimination (LAD): Offers comprehensive protections for employees facing retaliation in New Jersey.
- Conscientious Employee Protection Act (CEPA): Shields whistleblowers in New Jersey from retaliation for reporting illegal or unethical practices.
These laws ensure that employees can assert their rights without fear of retaliation and provide remedies for violations.
Steps to Take If You Experience Retaliation
If you suspect that you are a victim of workplace retaliation, follow these steps to protect your rights:
- Document the Actions: Keep a record of retaliatory behavior, including dates, times, and any related communications with your employer.
- Report Retaliation Internally: File a formal complaint with your HR department or follow your company’s procedures for reporting workplace issues.
- File a Legal Complaint: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Seek Legal Advice: An experienced employment lawyer can help you evaluate your case, gather evidence, and pursue compensation for damages.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience representing employees who have faced workplace retaliation. Our attorneys can:
- Evaluate your case to determine if retaliation occurred under state or federal law.
- Help you file complaints with the appropriate agencies or pursue legal action.
- Negotiate settlements to recover lost wages, emotional distress damages, and other compensation.
- Represent you in court to hold your employer accountable for their actions.
We are dedicated to ensuring employees can exercise their legal rights without fear of retaliation.
Take a Stand Against Retaliation
If you’ve experienced retaliation in the workplace, don’t wait to take action. Contact
Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue justice for your case.