According to the U.S. Equal Employment Opportunity Commission (EEOC), federal law prohibits employers from punishing job applicants or employees for asserting their rights. They have the right to be free from employment discrimination. Let’s take a deep dive into what the law says.
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As I mentioned before, employees and job applicants have the right to be free from employment discrimination. Asserting these rights falls under the umbrella of “protected activities”. For example, it is unlawful to retaliate against applicants or employees for… Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit… Communicating with a supervisor or manager about employment discrimination… Answering questions during an investigation of alleged harassment… Refusing to follow orders that would result in discrimination… Resisting sexual advances… intervening to protect others from sexual advances…Requesting accommodation for a disability… Requesting accommodation for a religious practice… and Asking managers or co-workers about salary information to uncover potentially discriminatory wages.
The law protects an employee under all circumstances for participating in a complaint process. It also protects any actions an employee takes to oppose discrimination. As long as the employee has a reasonable belief that something in the workplace may violate EEO laws, this remains true. However, engaging in EEO activities does not shield an employee from all discipline or discharge. Employers may discipline or fire employees if motivated by non-retaliatory and non-discriminatory reasons.
An employer is not allowed to do anything in response to EEO activities that would discourage someone from resisting or complaining about future discrimination. For example, depending on the circumstances, situations could be retaliatory if an employer takes one of the following actions because of an employee’s protected activities: Reprimand the employee… Give an employee a performance evaluation that is lower than it should be… Transfer the employee to a less desirable position… Engage in verbal or physical abuse… Threaten to make, or actually make reports to authorities… Increase scrutiny… Spread false rumors… Treat a family member negatively… or Make the person's work more difficult
At the end of the day, harassment and retaliation is never acceptable. If someone faces retaliation from their employer, the employer can face a lawsuit. Everyone deserves to work in a safe environment. They should never have to fear their coworkers or superiors. If you are uncomfortable or the workplace environment is intolerable due to harassment of any kind, you have the right to file a complaint. You also have the right to potentially pursue compensation.
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