Retaliation

While the courts and juries can be less than sympathetic to many forms of discrimination, one thing they will not tolerate is retaliation.  If you complained to your employer about unfair treatment (of yourself or another employee) and you were then demoted, fired, transferred to a less favorable position, refused overtime, started receiving unfair warnings, or received a bad evaluation, then your employer may be retaliating against your for asserting your rights under the law.

In addition to prohibiting discrimination on the basis of protected classifications, the law specifically prohibits an employer from taking adverse action against an employee who complains about discrimination.  Even if your complaint ultimately turns out to be mistaken, the employer cannot take action against you because you complained. 

Also it does not matter whether you complained to the EEOC or your personnel or human resources department or to a supervisor, your employer cannot punish you for complaining about discrimination.  Furthermore, the discrimination does not have to be directed at you -- the law also protects you if you complain about unfair treatment of a co-worker.

If you feel you or a co-worker have been the victim of discrimination you should complain to your personnel or human resources department.  The law does give the employer the chance to correct or stop the problem.  You should put the complaint in writing and date it.   Be specific about the unfair treatment and what you believe is the basis – race, color, national origin, sex or gender, religion, age (over 40 years), physical or mental disability, military service or obligations, asserting rights under the FMLA.

If you have already suffered retaliation after making a verbal complaint immediately write or type as much detail as you recall while it is still fresh in your mind.  Record the unfair treatment, who you complained to, whether anybody else was present, when you complained, what the employer did about it as well as any other details you believe are important.

While many employers now know better than to discriminate against employees on the basis of one of the protected classifications, many still retaliate against employees who complain about unfair treatment.  Retaliation is just as illegal as discrimination – and often easier to prove.