Workplace Retaliation

Retaliation occurs when your boss treats you less favorably than other employees because of some action you took. Your employer may not retaliate against you for making a protected complaint or report. A a few examples of “protected activity” of which your employer cannot retaliate against you include:

• Because you reported instances of illegal conduct to OSHA, human resources, law enforcement, or other government authorities.
• Because you reported instances of sexual harassment. This stands true if you were harassed or if you reported that another co-worker was being harassed.
• Because you were discriminated against based on your age, gender, race, disability, sexual orientation, color, religion, or your pregnancy.
• Because you refused to partake in illegal activities.

Retaliation comes in many different forms and it could happen in a multitude of ways, sometimes even simultaneously. Over time there has been a trend of common examples of retaliatory measures by an employer. These actions include:​

• Demoting you in pay, position, or job type
• “Coincidentally” subjecting you to new oversight, usually in the form of micromanaging
• Denying you training opportunities
• Denying you pay
• Denying you the opportunity to effectively carry out your job
• Passing you over repeatedly for promotions
• Giving you negative performance reviews
• Poor evaluations
• Subjecting you to poor working conditions (for example, making you clean feces when it was not part of your job description)
• Denying you the opportunity to join in on important business meetings

While you cannot prevent your employer from retaliating against you, there are some ways to help prove your case. This includes:

• Save all the correspondence, emails, texts, and messages between you and other people you work with.
• Keep a work diary and notate every time you feel like you’re being retaliated against.
• Try to communicate with your supervisor in writing as much as possible.
• Make a formal complaint in writing outlining why you feel you are being retaliated against and how it makes you feel.

While this list is not complete, it can help when prove your retaliation case should you decide to hire an employment attorney.