Retaliation at Work and the Equal Employment Act

An all-too-common tragedy is that you do not know what you do not know. Many unsuspecting employees have been a victim of workplace retaliation without even knowing it. Indeed, without even knowing what workplace retaliation is in a legal context. If you are to protect and assert your rights, it is important that you know what your rights are. Speaking with an experienced workplace retaliation attorney can help.

This article aims to discuss some of the general things everyone should know regarding protections for employees and the prohibition of retaliation under civil rights laws and regulations. For formal, experienced advice tailored to your own circumstances contact an experienced workplace retaliation attorney at the Forsythe Law Firm today.

Workplace Retaliation: What is it?

Workplace retaliation is a broad term that widely encompasses many different actions or scenarios. While there is not one way to define every circumstance that might constitute workplace retaliation, it can be generally thought of as any negative action taken by an employer against an employee for engaging in legally protected activity.

The Department of Labor specifies that workplace retaliation occurs when an employer (whether through a manager, supervisor, administrator, or even directly) takes any type of adverse action against an employee for engaging in protected activity. This “negative action” includes, but is not limited to, firing the employee.

Example Scenario

One of the most common examples of workplace retaliation might be an employee lodging a complaint about discrimination in the workplace, and then is terminated or demoted as a result. Unfortunately, not all cases of workplace retaliation are that simple, cut and dry, and easily provable. In many situations it may not be clear that retaliatory behavior is taking place. When the situation is not so clear, the U.S. Supreme Court has ruled that the entirety of the circumstances of the situation must be considered.

For example, let’s say that an employee lodges a complaint stating that they are experiencing sexual harassment in the workplace from their supervisor. Human Resources conducts an investigation, and finds that there is too little evidence to take further action. However, the employee is moved to a different team with a different supervisor. Now, let’s say that the new supervisor is friends with the employee’s old supervisor. Even though other shifts are available, the new Supervisor knows that the employee has young children and will not be able to work the swing shift. The Supervisor then mandates that the employee must work the swing shift or forfeit their job. There could be a very strong case made here, that the new Supervisor’s actions were retaliatory and contrary to law. It is also prudent, however, not to jump to conclusions. The employee in this situation should ensure that they discuss their needs with their supervisor. Jumping to conclusions will not help anyone. Maybe the scheduling conflict IS unintentional and can be changed. If not, the employee’s stance in their suit is clarified and justified by the continued obstinance of the new Supervisor.

Workplace Retaliation is prohibited under Federal & Georgia Law

Federal law prohibits workplace retaliation. The Title VII section of the Civil Rights Act of 1964 codified that workplace retaliation is intolerable at every level, and the law applied in every state. The Equal Employment Opportunity Commission has the authority to investigate complaints that a section of Title VII has been violated. Those wishing to pursue a lawsuit will have to file a complaint with the Equal Employment Opportunity commission first. An experienced workplace retaliation attorney can help.

Contact the Forsythe Law Firm Today

If you believe you might have been the victim of workplace retaliation, you deserve legal counsel you can trust. Atlanta retaliation attorney Christine Forsythe at the Forsythe Law Firm is experienced in all aspects of employment law, including claims pertaining to workplace retaliation in Georgia. Contact our office to begin working with our team.

Source:

law.justia.com/codes/georgia/title-34/chapter-6a/section-34-6a-5/