M. Retaliation Discrimination

Employees who legitimately assert discrimination rights by filing charges in federal or state court, with the EEOC, or through state agencies, or who complain to the employer before taking action, are protected from adverse retaliation by an employer. If you reasonably believe that a Title VII violation was committed, an employer cannot take any action adverse to such rights, such as failing to promote, discharging, or unduly criticizing you as a direct result of that action.

Acts taken by an employer as a direct result of your filing charges or threatening to go to the EEOC or bringing a lawsuit are viewed by the courts as retaliatory. Many employers who are accused of discrimination have valid defenses and can overcome such charges. However, they foolishly take steps deemed to be in retaliation against an individual's freedom to pursue such claims and eventually suffer damages resulting from the retaliatory actions, not the alleged discrimination!

The following list identifies common areas where retaliation occurs:

• Transfer or reassignment that is undesired (even with no loss in pay or benefits)
• A transfer out of the country
• Threats, when repeatedly made and when disruptive to your job performance
• Harassment on the job
• Giving unfavorable references to a prospective employer, or otherwise interfering with your efforts to obtain a new job
• Attempting to persuade a current employer to discharge a former employee
• Firing you or forcing retirement by eliminating the position and offering only lesser alternative positions
• Denying or suspending severance payments
• Retroactively downgrading your performance appraisals and placing derogatory memos in your personnel file
• Refusing to promote or reassign you or adding preconditions for a requested reassignment
• Transferring you to a job with poorer working conditions
• Increasing your workload without good reason
• Adversely changing the company's vacation or benefits policy
• Delaying the distribution of tax and social security forms
• Interfering with an employment contract

Tip:Never falsely accuse an employer of a wrongful act in the attempt to obtain leverage, because you may not be legally protected if you then suffer harmful retaliation. However, you are protected against retaliation in a variety of nondiscriminatory areas such as complaining about overtime policies, safety (OSHA) violations, and filing a workers' compensation claim. Speak to a lawyer for advice and guidance if you believe you were treated unfairly as a result of complaining about an employer's illegal acts.