Federal employment laws are designed not only to prohibit unfair treatment in the workplace but also to protect employees from retaliation when they stand up for their rights. Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as filing a complaint or participating in an investigation.
The following federal statutes provide strong protections against retaliation and give employees the right to sue if they experience negative consequences for asserting their rights:
- Title VII of the Civil Rights Act of 1964 — Title VII prohibits discrimination based on race, color, religion, sex or national origin, including harassment for any of these reasons. It also prohibits employers from retaliating against employees for reporting discrimination, filing charges with the Equal Employment Opportunity Commission (EEOC), participating in investigations or lawsuits or opposing practices that they believe violate Title VII. Employees can file a retaliation claim who suffer demotion, termination, or other mistreatment for engaging in these activities.
- Americans with Disabilities Act — The ADA is meant to allow individuals with disabilities to seek fair treatment without fear of reprisal. It requires employers to provide reasonable accommodations to qualified employees with disabilities. Employee can sue for retaliation if they request such accommodations and then experience adverse actions, such as being fired, denied a promotion, or subjected to increased scrutiny.
- Age Discrimination in Employment Act — The ADEA protects employees who are 40 years of age or older from age-based discrimination. It also prohibits retaliation against employees who oppose age discrimination, file a complaint, participate in ADEA-related proceedings or otherwise assert their rights. Adverse actions motivated by an employee’s involvement in these protected activities can form the basis of a retaliation lawsuit.
- Whistleblower Protection Act — The WPA is designed to protect employees who expose waste, fraud, abuse, or other forms of misconduct within their organizations. It is a violation for employers to retaliate against employees who legally disclose evidence of wrongdoing. Employees facing adverse actions after whistleblowing, such as terminations, demotions or hostile work environments, can bring a whistleblower-retaliation claim for damages.
- Equal Pay Act — The EPA addresses wage discrimination based on gender and prohibits employers from retaliating against employees who inquire about pay differences, discuss wages, or challenge pay practices. If an employee faces negative consequences for such protected activities, including reduced hours, denial of promotions or other adverse employment actions, they can seek relief through the courts.
Employees bringing retaliation claims must be able to show that (1) they engaged in a protected activity (e.g., filing a complaint, requesting accommodation, participating in an investigation, refusing to participate in discriminatory practices), (2) they suffered a materially adverse action (e.g., demotion, termination, increased scrutiny, unfavorable transfer) and (3) there was a causal connection between the protected activity and the adverse action.
Employees who prevail in retaliation claims may obtain multiple types of relief, such as reinstatement to their former job, back pay, front pay (future lost earnings), compensatory and punitive damages, attorneys’ fees and injunctions requiring the employer to cease unlawful practices. These remedies aim to restore employees to the position they would have held absent the retaliation.
The Reddy Law Firm, P.C. in Alpharetta represents Georgia clients in a full range of employment law matters, including discrimination, wrongful termination and wage claims. Please call 678-629-3246 or contact us online to arrange a free consultation.
