Workers have a right to engage in employment without fearing the consequences if they resist sexual harassment or complain of racial discrimination.
Unfortunately, these and other unfair and unjust practices occur in workplaces throughout North Carolina.
In this post, the EMP Law team explores laws protecting workers against retaliation and provides examples of workplace retaliation.
Our experienced employment lawyers dedicate our time and resources to fighting for workers throughout North Carolina. No worker should be afraid of exercising their rights or speaking out against injustices in the workplace.
We have offices in Winston-Salem and Charlotte, and serve employees throughout the state.
Póngase en contacto con nosotros en línea o llame al (336) 724-2828 hoy para una consulta.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employee experiences an adverse employment action because they complain about discrimination, harassment, or violation of workers’ rights.
When North Carolina employers engage in retaliatory practices against workers who speak out against unfair or illegal practices, they undermine the purpose and function of the laws.
Workplace retaliation can also occur when a worker assists a fellow employee in filing a complaint regarding workplace discrimination or a violation of workers’ rights. In other words, workplace retaliation laws can protect the subject of the illegal practice and those who speak out against the practice.
Federal Laws that Protect Workers Against Workplace Retaliation
Federal laws that make workplace retaliation illegal include:
- Title VII of the Civil Rights Act of 1964,
- The Americans with Disabilities Act of 1990,
- The Equal Pay Act of 1963,
- The Age Discrimination in Employment Act of 1967, and
- The Rehabilitation Act of 1973.
As the U.S. Equal Employment Opportunity Commission (EEOC) explains, if an employee takes action against or because of discriminatory practices, it’s illegal for the employer to respond in ways that would “discourage someone from resisting or complaining about future discrimination.”
The EEOC enforces many laws protecting workers against discriminatory and retaliatory practices.
North Carolina Laws that Shield Employees from Workplace Retaliation
North Carolina also has laws that protect workers against workplace retaliation. One such law is the Retaliatory Employment Discrimination Act, or REDA.
North Carolina’s REDA laws make it illegal for an employer to discriminate or take adverse employment action against an employee in response to that employee acting in good faith to address discrimination, harassment, or another violation of employment laws.
Employers are also prohibited from retaliating against an employee for lawfully taking parental or sick leave or taking time off work to comply with other legal obligations.
Examples of protected employee activities in this regard include the following:
- Filing a claim or complaint;
- Helping another employee file a claim or complaint;
- Investigating or participating in an investigation of a claim;
- Testifying or providing evidence used in a hearing regarding discrimination, harassment, or another violation of employment laws;
- Exercising their rights under the Wage and Hour Act, the Occupational Safety and Hazards Act of North Carolina, the Mine Safety and Health Act of North Carolina, and the North Carolina Pesticide Law of 1971;
- Attending a juvenile delinquency hearing with their child; and
- Exercising their rights under North Carolina’s domestic violence laws.
Just because you take the above actions does not mean that your employer cannot take adverse action against you indefinitely or for lawful reasons.
That said, under North Carolina law, your employer is responsible for proving by the “greater weight of the evidence” that they had lawful reasons to take the adverse action and such were unrelated to you exercising your rights.
What Are Examples of Workplace Retaliation?
Now that we have covered background information on the laws surrounding retaliatory practices, let’s review examples of retaliation in the workplace.
Please note that these are just hypotheticals. You are encouraged to contact a qualified attorney to find out if you have a workplace retaliation claim against your employer.
Firing an Employee for Resisting Sexual Advances
One example of retaliation is when an employer or supervisor fires an employee for resisting sexual advances. The worker has every right to control what does or does not happen to their body and should not lose their job because they stood up for themselves.
Reducing the Salary of an Employee Who Complains About Racial Discrimination in the Workplace
Workers have the right to do their jobs and participate in the workplace without experiencing racial discrimination. When this does not happen, workers have the right to file a complaint and speak out against these practices.
Sadly, some employees face unlawful retaliatory practices, such as a reduction in pay or hours, because they voiced concerns about racial discrimination.
Employers who engage in these practices violate the law and may be held accountable if the employee files a complaint.
Failing to Assign Projects to an Employee with a Disability After They Request Accommodations
North Carolina employees with disabilities are entitled to request reasonable accommodations so they can meaningfully participate in the workplace. Unfortunately, some employers treat employees with disabilities unfairly and deny their reasonable requests for modifications. Some employers take this even further and fail to assign projects to the employee who requested accommodations.
When employers take these or other adverse actions, they violate the law and may be held accountable.
Harassing or Bullying an Employee Who Complained or Inquired about Wage and Hour Matters, Safety or Health Issues, or Filed a Worker’s Compensation Claim,
Another example of retaliation is harassing or bullying a worker who complains that the employer is violating wage and hour laws, safety or health regulations, or for filing a worker’s compensation complaint.
REDA protects North Carolina Workers from retaliation for many of the above activities.
Steps to Take If You Suspect Workplace Retaliation
If you believe you are the victim of any of these examples of workplace retaliation, there are several steps you can take to protect your rights.
Review Employment Documents
Before taking any affirmative action, reviewing and familiarizing yourself with any employment documents, such as your employee handbook, is a good idea. Employers may require specific internal procedures before using outside resources.
Speak with Human Resources
If you suspect you are facing workplace retaliation, one of the first steps you can take is to speak with your human resources (HR) department or liaison. You should be able to schedule a private meeting with HR to voice your concerns.
File a Complaint
Depending on the industry, your job title, and the nature of the suspected conduct, you can file a complaint with the appropriate agency. For instance, if you believe your employer retaliated against you in violation of Title VII or the Pregnant Workers Fairness Act, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
File a Civil Lawsuit
If you face retaliation from your employer, you can file a civil lawsuit seeking damages for the harm you suffered. If you choose to file a lawsuit, you must know the law, understand court procedures, and be familiar with the rules of evidence. If unfamiliar with these concepts, the next step will be beneficial.
Contact an Employment Lawyer
One of the most critical steps you should take when facing retaliation from an employer is to consult with an experienced employment lawyer immediately. Retaliation in the workplace is difficult to navigate on your own, and pursuing legal action can be challenging. Employers are quick to defend against these claims. An employment lawyer can be instrumental from the moment you begin facing retaliatory behavior through the entire claims process.
How to Prove Retaliation in the Workplace
Deciding to take legal action against your employer can feel overwhelming, and proving what transpired can seem daunting. There often is no obvious evidence laid out in black and white. Typically, proving retaliation in the workplace is much more complicated than you might initially think.
For instance, supervisors usually know better than to put obviously retaliatory language in writing. So, it is rare to be able to produce an email where your employer plainly states that they are demoting you because they spoke out against them.
Instead, you must prove subtle or covert behavior was retaliatory. There are several types of evidence you can use to prove your claim. If any of the workplace retaliation examples in this article apply, or if you’ve experienced any other type of retaliation, here is a list of possible evidence you can use to prove your claim.
Email Records
Communication via email between management, supervisors, and heads of employment can reveal true motives and intent. These individuals are more likely to make comments amongst each other when they believe the employee will never see it.
For instance, if your manager discussed taking regulatory action against you with another supervisor or manager, then the record of that conversation can be vital in proving your case.
Phone Records
Phone records can also be invaluable pieces of evidence. This can include call logs and text messages. Call logs can help corroborate conversations that took place, especially when combined with other sources of evidence. For example, suppose a co-worker or manager comes forward as a witness and says that upper management called them every day at a particular time to pressure them into retaliatory action.
Call logs can help corroborate this testimony. Text messages, like email records, can also be valuable evidence that shows employer intent and behavior.
Internal Message Apps
Similar to email or text messages, many companies use other messaging applications for employees to converse internally. For instance, Microsoft Teams, Slack, and other messaging apps are often used as internal means of communication. Recording conversations on these platforms is equally as good as email or text messages.
Witness Statements
Fellow employees, co-workers, managers, and supervisors can provide witness statements to help prove your case. These individuals may have witnessed changes in how you were treated at work. They may even know actions or statements made by the individual targeting you. Witnesses may be deposed under oath as to what they know, saw, or heard.
Your Employee File
Your employee file can also shed light on what is happening. For instance, if your employee file contains all excellent reviews up until you reported a safety violation and then your reviews plummeted, it can bolster your case for employer retaliation.
Like many other types of cases, the more credible evidence you have, the stronger your case will be. Often, it is not enough to have one email that only alludes to retaliatory actions. Instead, you must have several forms of evidence that form a picture of retaliation. Having a seasoned employment lawyer can be the key to success. Your lawyer can help you subpoena witnesses and records and present them effectively.
Signs of Retaliation at Work
Signs of retaliation at work can be blatant or subtle. Suppose you suspect retaliatory conduct from your employer because you recently reported a safety violation or took some other action that may have upset your employer. In that case, it is essential to note it. Signs can include:
- Being passed over for a promotion;
- Demotion;
- Bullying or harassment;
- Cut hours;
- Salary decrease;
- Denied opportunities (e.g., denied the opportunity to attend continuing education events);
- Excessive micromanagement;
- Numerous negative performance evaluations;
- Exclusion from meetings, training, or events;
- Reassignment to another department, shift, or job; and
- Termination.
If you experience any of this type of retaliation in the workplace, the examples of steps to take are listed above. But, the most important step is to meet with a knowledgeable employment lawyer immediately.
Call EMP Law If You Experience Retaliation in the Workplace
Workplace retaliation is unlawful, and we help protect and defend North Carolina workers against these terrible practices.
If you are subjected to workplace retaliation, call us at (336) 724-2828 or fill out our online form today to schedule a consultation.
Michael proporciona servicios legales compasivos, diligentes y creativos que se adaptan a las necesidades específicas de cada cliente. Su experiencia relacionándose con clientes de diversos orígenes lo hace muy adecuado para representar a sus clientes en una amplia gama de áreas legales. Ejerce en las áreas de derecho laboral y derecho de familia, y tiene experiencia en derecho penal.
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