Protections Against Retaliation

Employees have the right to speak up about workplace issues, including discrimination, harassment, unpaid wages, or the need for reasonable accommodations, without fear of retaliation. Retaliation occurs when an employer takes adverse employment action against an employee for engaging in protected activities, such as:

Protected Activities

  • Reporting or filing an internal complaint of discrimination or harassment

  • Filing a complaint in court or with a government agency

  • Participating in an investigation or lawsuit

  • Supporting a legal claim from another employee

  • Asking about unpaid wages or overtime

  • Requesting family or medical leave

  • Requesting reasonable accommodations for a disability

  • Opposing illegal practices, even informally

What Retaliation Looks Like

Retaliation can take many forms, including:

  • Termination or demotion

  • Unjustified negative performance evaluations

  • Unfavorable reassignment

  • Denial of promotions or raises

  • Increased scrutiny, discipline, or poor performance reviews

  • Harassment or exclusion from workplace opportunities

The key issue is whether the employer's action would dissuade a reasonable person from asserting their rights in the future.

Retaliation is Illegal Even if the Original Complaint is Not Proven

An employee should not be punished simply for reporting or raising concerns about possible illegal activity. Employees are protected from retaliation even if the original complaint is unsuccessful, provided the employee had a good-faith belief that a violation occurred. Retaliation claims are powerful because they focus on the employer’s reaction to protected activity — not just the original issue.

Legal Protections and Remedies

Employees who experience retaliation are entitled to a range of legal remedies, including:

  • Reinstatement to their previous position

  • Back pay and front pay

  • Compensation for emotional distress

  • Punitive damages (in cases of malicious or reckless retaliation)

  • Payment of attorney’s fees and legal costs

These remedies aim to put the employee in the position they would have been in if the retaliation had not occurred.

State and Local Protections

Many state and local laws provide broader retaliation protections than federal law. Some cover a wider range of workplace activities and offer stronger remedies. They may also apply to smaller employers.