Retaliation (Workplace)

Retaliation is when an employer takes action against an employee or job applicant because they did something the law protects. Examples of retaliation include firing, demotion, cutting hours, a sudden bad review, reassignment to worse duties, or threats. Retaliation claims can succeed even when the original complaint of discrimination or wage theft is not proven, as long as the complaint was made in good faith.

The EEOC explains that asserting equal employment opportunity rights is called "protected activity," which includes filing or being a witness in an EEO charge, complaint, investigation, or lawsuit, and communicating with a supervisor or manager about employment discrimination. Protected activity also includes refusing to follow orders that would result in discrimination and requesting a religious or disability accommodation. The EEOC says retaliation is the most frequently alleged basis of discrimination in the federal sector.

Other laws have their own anti-retaliation rules. The Fair Labor Standards Act protects workers who complain about unpaid minimum wage or overtime. Whistleblower laws protect people who report fraud against the government, including under the False Claims Act. OSHA enforces protections for workers who report safety hazards, and many states add broader protections.

To prove retaliation, workers usually show they engaged in protected activity, suffered an adverse action, and that the two are connected, often through timing. Save emails, texts, and performance reviews from before and after your complaint. Deadlines to file with the EEOC or a state agency can be as short as 180 days. See our pages on whistleblower lawsuits and unpaid overtime.