How is illegal retaliation defined?
Illegal retaliation occurs when an employer punishes a job applicant or employee for asserting their right to be free from employment discrimination, including harassment. The Equal Employment Opportunity (EEO) laws define certain actions by employees or job applicants as “protected activity,” and it is unlawful for employers to retaliate for those actions. Filing or participating in a complaint is protected from retaliation under all circumstances. Other actions that are taken in order to protect from discrimination are protected as long as the action was done with the reasonable belief that discrimination did occur, even if he or she does not use the legal terminology to describe it as such.
Other protected actions include but are not limited to:
- Refusing to follow orders in the workplace that would result in discrimination.
- Resisting sexual advancement or harassment, or intervening to stop it being done to others.
- Asking an employer about salary, including the salary of others, to explore any potentially discriminatory wages.
- Asking for accommodations due to disability or religious practice.
For a full list of protected activities, please visit: https://www.eeoc.gov/laws/types/facts-retal.cfm
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?