Chicago Retaliation Attorneys

It is illegal for your employer to retaliate against you for reporting discrimination or harassment to management on behalf of yourself or a colleague or participating in an investigation of discrimination or harassment either conducted within the organization or by an outside agency. If this is happening to you, it may be because of your protected activity.

Unfortunately, retaliation can become complicated in the workplace when it is not so obvious that it’s even occurring. Workplace retaliation occurs when you get punished by your employer because you exercised your legal rights or because you engaged in a lawful activity.

Contact us today at (312) 313-1613 for expert legal guidance and support.

It is illegal for your employer to retaliate against you for:

• Reporting or filing a discrimination claim;
• Reporting or filing a sexual harassment claim;
• Participating in an investigation or a lawsuit about a claim; or
• Reporting that your employer is doing something illegal.

What is Workplace Retaliation?

Workplace retaliation happens when an employer punishes an employee for engaging in protected activities. These activities include reporting workplace discrimination, harassment, or other illegal practices. Retaliation can take many forms, and it is illegal for employers to take adverse actions against employees for standing up for their rights.

Examples of Workplace Retaliation:

• Demotions: Lowering an employee’s job title or responsibilities after they report a concern.
• Pay Cuts: Reducing the employee’s wages without a valid reason.
• Poor Performance Reviews: Giving unfair or exaggerated negative feedback after the employee reports misconduct.
• Denial of Promotion: Refusing to promote an employee after they have filed a complaint or claim.
• Unjustified Termination: Firing an employee after they report discrimination, harassment, or engage in protected activities.

If you experience any of these actions after reporting illegal activities or standing up for your rights, it could be a form of retaliation.

Legal Protections Against Retaliation

Employees are protected by several laws that prevent retaliation for engaging in certain protected activities. These laws ensure that individuals can speak up without fear of losing their job or facing unfair treatment.

Key Legal Protections Include:

• Title VII of the Civil Rights Act: This law prohibits discrimination based on race, color, religion, sex, or national origin and protects employees from retaliation for reporting violations.
• Americans with Disabilities Act (ADA): This act protects employees from retaliation for requesting reasonable accommodations or reporting disability-related discrimination.
• Family and Medical Leave Act (FMLA): Employees are protected from retaliation if they take time off for family or medical reasons.
• State and Local Laws: In addition to federal laws, some states, like Illinois, have their own protections against retaliation.

Protected Activities:

• Reporting discrimination or harassment.
• Requesting accommodations for a disability.
• Filing complaints about illegal activities or unsafe working conditions.

How to Identify Retaliation in the Workplace

It’s not always easy to recognize retaliation, especially when an employer tries to mask it as a legitimate decision. However, there are some key steps to help identify if retaliation is happening.

Steps to Identify Retaliation:

1. Notice the Timing: Retaliation often happens shortly after you engage in a protected activity, like reporting harassment or discrimination.
2. Compare Treatment: Look at how other employees are treated in similar situations. If you’re being singled out unfairly after reporting misconduct, it could be retaliation.
3. Document Actions: Keep a record of any negative actions taken against you, such as demotions, pay cuts, or changes to your work schedule.
4. Understand Legitimate Decisions: Understand that some changes, like performance issues or layoffs, are not retaliation. Retaliation typically involves punishment or harm for exercising your rights.

By carefully observing the situation and documenting any unfair actions, you’ll be better able to determine whether you’re experiencing retaliation. If you believe you are, it’s important to seek legal advice to protect your rights.

Frequently Asked Questions (FAQs) About Workplace Retaliation

• Can an employer retaliate against an employee for making a complaint about harassment?
  No, it is illegal for an employer to retaliate against an employee for reporting harassment or discrimination. Employees are protected by law from any punitive action for reporting inappropriate behavior, whether they file a formal complaint or participate in an investigation.
• What should I do if I suspect retaliation at work?
  If you believe you are being retaliated against, it's crucial to document everything. Keep a record of any negative actions taken against you, such as changes in duties, schedule, or performance evaluations. Notify your HR department or supervisor about the issue, and consider seeking legal advice to understand your rights and options.
• How long do I have to file a retaliation claim?
  The timeline for filing a retaliation claim depends on the law under which you are filing. For example, claims with the Equal Employment Opportunity Commission (EEOC) must generally be filed within 180 days of the retaliatory act, though this may be extended in certain cases. It's important to act quickly and consult an attorney to ensure you don't miss any deadlines.
• Can retaliation occur even if my complaint was not successful?
  Yes, retaliation can occur even if your complaint or claim was not successful. It is the act of punishing an employee for asserting their rights that is illegal, regardless of the outcome of the original complaint or lawsuit.
• What are the signs that my employer is retaliating against me?
  Signs of retaliation can include sudden changes in job responsibilities, unfair performance evaluations, denial of promotions, exclusion from important meetings, or even wrongful termination. If these actions happen soon after you file a complaint or report illegal activity, they may indicate retaliation.
• Can I be fired for filing a retaliation claim?
  No, it is illegal for your employer to fire you for filing a retaliation claim. If you are fired after filing a retaliation complaint, it may be considered illegal retaliation, and you could have grounds for legal action.
• How can I prove retaliation in the workplace?
  Proving retaliation usually requires showing that you engaged in a protected activity (such as reporting harassment) and that your employer took an adverse action (such as demotion or termination) shortly afterward. Keep detailed records of all communications, decisions, and actions related to your claim to support your case.

Seeking Help

If you have been the victim of retaliation, please contact Atlas Consumer Law immediately. The passage of time can eliminate your right to sue. To report abuse or retaliation or to obtain more information about your rights and remedies.