While it may seem prudent to put up with illegal situations at work, employees do not have to endure harassment or discrimination in the workplace out of fear of retaliation. Should an employee be fired after filing a complaint, remedies do exist under employment laws for illegal retaliation such as termination, negative evaluation or denial of promotion. Economic, emotional and punitive damages can be sought.
Some federal laws that provide protection from retaliation by employers include the following:
- Civil Rights Act – Title VII
- The Americans with Disabilities Act
- The Fair Labor Standards Act
- The Age Discrimination in Employment Act
- The Equal Pay Act
Types of protected activities
You are protected from retaliatory firing or actions in the following situations:
- When you disagree with the actions of your employer and you believe they are unlawful under a federal law. For example, if you inform your employer that you believe he or she is engaging in prohibited discrimination, you are protected from a retaliatory firing. Your belief that the practice is illegal must be in good faith and the manner you voice your complaint must be reasonable
- When you take part in a proceeding, investigation, hearing, or lawsuit about possible illegal practices by your employer — such as filing a charge of discrimination or serving as a witness in an investigation or litigation — you are protected whether the underlying claim of discrimination or illegal activity is proven or not.
Contact a New Jersey employment lawyer to discuss workplace issues including retaliation by employers and workplace harassment.
Neil H. Deutsch On G+