What Is Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for reporting harassment, discrimination, or other workplace violations. Protected activities include:
- Filing a harassment or discrimination complaint internally or with an external agency.
- Participating in an investigation, hearing, or lawsuit related to workplace violations.
- Speaking out against unlawful practices or advocating for policy changes.
Adverse actions can range from termination and demotion to more subtle forms of mistreatment, such as exclusion from projects or unwarranted criticism.
Examples of Retaliation
Retaliation can take many forms, including:
- Termination or demotion shortly after filing a harassment complaint.
- Reduction in hours, pay, or responsibilities without justification.
- Exclusion from meetings, training, or key projects.
- Unjustified negative performance reviews or disciplinary actions.
- Hostile treatment, such as bullying or intimidation, aimed at discouraging further complaints.
If these actions occur after you report harassment, they may qualify as unlawful retaliation.
Your Legal Protections Against Retaliation
Federal and state laws protect employees from retaliation for reporting workplace harassment, including:
- Title VII of the Civil Rights Act: Prohibits retaliation against employees who report harassment or discrimination.
- New Jersey Law Against Discrimination (LAD): Provides robust protections against retaliation in New Jersey workplaces.
- Conscientious Employee Protection Act (CEPA): Protects whistleblowers from retaliation for reporting illegal or unethical practices in the workplace.
These laws ensure that employees can speak up about workplace violations without fear of punishment.
Steps to Take If You Experience Retaliation
If you suspect retaliation after reporting harassment, take these steps to protect your rights:
- Document the Behavior: Keep detailed records of retaliatory actions, including dates, times, communications, and witnesses.
- Report Retaliation Internally: File a formal complaint with HR or follow your employer’s procedures for addressing workplace issues.
- File a Complaint with Authorities: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Seek Legal Advice: Consult an experienced employment lawyer to evaluate your case and explore your options for recovering damages or pursuing legal action.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience representing employees who have faced retaliation for reporting workplace harassment. Our skilled attorneys can:
- Evaluate your case to determine if your employer violated federal or state laws.
- Assist in filing complaints with government agencies and pursuing legal remedies.
- Negotiate settlements to recover lost wages, emotional distress damages, and other compensation.
- Represent you in court to hold your employer accountable for unlawful retaliation.
We are committed to protecting employees’ rights and ensuring justice in the workplace.
Stand Up Against Retaliation
If you’ve experienced retaliation for reporting harassment, don’t wait to take action. Contact
Castronovo & McKinney, Retaliation Attorneys today for a consultation. Let us help you protect your rights and pursue the justice you deserve.