ABA Family Legal Guide

Law and the Workplace

On the Job

Discrimination in the Workplace

Am I protected if I complain about discrimination to my employer, or if I file a charge with the EEOC or the NLRB?

Federal law makes it illegal for an employer to retaliate against an employee because the employee has participated in enforcement procedures. This protection applies not only to current employees but also to former employees and applicants. Thus, it is illegal for an employer to give a former employee a negative job reference because the employee filed an EEOC or NLRB charge.

You are protected if you file a charge, testify at a hearing, or assist the government in the investigation. Moreover, Title VII, the ADA, and the ADEA also protect you if you have opposed discrimination. For example, an employee who complains to the employer about sexual harassment at work is engaged in protected opposition activity. However, the employee must have a reasonable and good-faith belief that the conduct complained of violates the law. Parallel antiretaliation protections may also exist under state law.