10.00 Employment Retaliation Overview is an overview of the laws and regulations that protect employees from employer retaliation. The laws and regulations provide remedies for an employee who has been subjected to retaliatory action by an employer. The laws and regulations also set forth the legal standards for when employer retaliation is prohibited. Types of 10.00 Employment Retaliation Overview include: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the National Labor Relations Act, and the Family Medical Leave Act. These laws and regulations prohibit employers from disciplining, demoting, or terminating an employee for engaging in certain protected activities, such as filing a discrimination charge, filing a workers’ compensation claim, or taking part in a union organizing drive.
10.00 Employment Retaliation Overview
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Retaliation in the Workplace: What to Look Out for After You File a Complaint You're Excluded or Left Out.You're Reassigned to a Different Shift or Department.You're Passed Over for a Promotion or Raise.Your Pay or Hours are Cut.You Encounter More Harassment or Bullying.You're Fired from Your Job.
When you file a job discrimination complaint with the EEOC or otherwise participate in an EEOC investigation or lawsuit, you are protected against retaliation regardless of the validity or reasonableness of the original allegation of discrimination.
For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse;
In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection existed
Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non-promotion, or non-selection. Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.
Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. The cause will be obvious things such as a reprimand, a warning or lowering of your evaluation scores.
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation: Protected activity. Adverse action. Causal connection.