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Top Signs of Retaliation After Reporting Harassment or Discrimination

Reporting harassment or discrimination in the workplace is a brave step, one that is vital for maintaining a safe and respectful environment. However, even though protections are in place, retaliation against employees who report these issues remains an unfortunate reality. Recognizing retaliation and understanding your rights can make a significant difference. This article outlines the key signs of retaliation, the steps you should take to protect yourself, and the legal options available to ensure your rights are upheld.

Recognizing Retaliation: Key Warning Signs

Retaliation is any adverse action taken by an employer as a response to an employee reporting workplace harassment or discrimination. Retaliation can come in many forms, some of which may be subtle, making it essential to recognize the signs. Here are the most common indications of retaliation:

Sudden Negative Performance Reviews or Disciplinary Actions
One of the most common forms of retaliation is when an employee, after reporting harassment or discrimination, suddenly receives poor performance reviews, is reprimanded, or faces other disciplinary actions. If there were no previous issues with your performance, but you start receiving negative feedback immediately after filing a complaint, this could be a sign of retaliation.
Unwarranted Changes in Job Duties or Responsibilities
Being assigned undesirable tasks or having your responsibilities significantly altered without a legitimate business reason can also signal retaliation. For example, if you were handling high-responsibility projects before reporting harassment but are suddenly assigned menial tasks, this shift may be an attempt by your employer to punish you for speaking out.
Reduction in Hours or Unjustified Pay Cuts
Retaliatory actions can directly impact your livelihood. If you notice an unexplained reduction in your work hours, or if you face a pay cut without a valid explanation, this could be an act of retaliation. Employers may also deny overtime opportunities, bonuses, or other benefits as a way to punish employees for reporting issues.
Exclusion from Meetings or Important Communications
Being left out of meetings, projects, or key communications is another way employers may retaliate. If you find that you’re suddenly not being included in discussions or receiving information necessary to do your job, it may be a tactic to isolate you as a form of punishment.
Hostile Behavior or Harassment from Supervisors or Colleagues
Retaliation is not limited to official actions by management; it can also include a hostile work environment created by supervisors or even co-workers. This could be in the form of hostile comments, excessive monitoring, or outright ostracization from your team. Such behaviors may be a way to push you to leave your position.
Denial of Promotion or Career Advancement Opportunities
If you were previously considered for promotions or career advancements, but find yourself passed over following your report, this may indicate retaliation. Employers sometimes deny advancement as a way to “punish” employees for filing a complaint or speaking out against unfair treatment.
Unexplained Termination
In some cases, retaliation takes the most drastic form: termination. While it’s natural to be concerned if you lose your job after reporting harassment or discrimination, it’s also important to recognize that this action could be retaliatory. If you’re terminated without a valid reason and can link the timing to your complaint, this may be actionable.

Documenting Retaliation: Steps to Protect Yourself

If you suspect that you are facing retaliation after reporting harassment or discrimination, it’s crucial to document every detail to support your case. Here’s how you can protect yourself:

Maintain a Detailed Record of Events
Record all instances of retaliation, including dates, times, locations, and the specific actions or words of those involved. If you receive sudden negative reviews, track your previous positive performance feedback as evidence of the change. Emails, messages, and any other written communication can serve as key evidence.
Keep Copies of Any Official Communications
Preserve all written communications from your employer that are related to your work performance, schedule, job duties, or disciplinary actions. If your job responsibilities are altered, keep records of these changes, including any written explanation from your employer.
Gather Witness Testimonies if Possible
If any of your colleagues witnessed instances of retaliation, such as exclusion from meetings or hostile behavior, consider asking them for a statement. Witnesses can add credibility to your claims and strengthen your case.
Track Changes in Compensation or Work Schedule
Document any changes to your pay, hours, or benefits after filing your report. If you experience pay cuts, reduced hours, or denied benefits, note when these changes occurred and if they correlate with the timing of your complaint.

Legal Steps to Take if You Experience Retaliation

If you believe you are being retaliated against, it’s important to know the legal options available to you. Federal and state laws protect employees from retaliation for reporting workplace issues, including harassment and discrimination.

Consult an Employment Discrimination Attorney
Speaking with a qualified employment discrimination attorney can help you understand your rights and assess whether the actions you’ve experienced qualify as retaliation. Legal professionals can guide you through the process of filing a formal complaint, whether with your employer or a government agency, and help you build a strong case.
File a Complaint with the Equal Employment Opportunity Commission (EEOC)
The EEOC is a federal agency responsible for investigating retaliation and discrimination cases. If you experience retaliation, you may file a formal complaint with the EEOC, which will investigate your claims. Filing a complaint can also create a record of your experience, which is important for establishing your case.
File a Complaint with Your State’s Employment Agency
Many states have their own agencies that handle workplace discrimination and retaliation cases. Filing a complaint with your state’s employment agency can provide additional support and may expedite the process, depending on local regulations.
Know Your State’s Whistleblower Protections
In addition to federal protections, many states offer specific whistleblower protections for employees who report misconduct, harassment, or discrimination. Knowing these rights can empower you to take action with confidence, knowing that legal support is available to protect you from retaliation.
Consider Filing a Lawsuit for Retaliation
If you have documented evidence of retaliation, consulting with an attorney about filing a lawsuit can be an effective course of action. Retaliation lawsuits can hold employers accountable, providing justice and potentially compensation for the emotional and financial impact of retaliatory actions.

Conclusion

Retaliation after reporting harassment or discrimination should never be tolerated, and employees have rights and resources to combat it. By recognizing the signs of retaliation, documenting incidents thoroughly, and understanding the legal steps available, you can take proactive measures to protect yourself. Taking action not only safeguards your rights but also helps foster a workplace culture where fairness and respect are valued.

At John J. Zidziunas & Associates, LLC, our employment discrimination lawyers represent employees that have been harmed in New Jersey and Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, or Suffolk County workplaces. For more information on how the PWFA affects your rights and responsibilities, call us at (212) 516-1868 or contact us here. We represent workers on a contingency fee basis with free consultations. We also defend employers being sued for frivolous and non-legitimate claims.

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