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What makes an employment decision a form of retaliation?

On Behalf of | Apr 5, 2024 | Workplace Discrimination |

When running a company, employers may have to make difficult decisions that can adversely affect employees within the organization. These decisions can arise from business-related challenges and other factors that require management to implement significant adjustments. Still, these changes can become illegal, especially if they are discriminatory or were taken as a form of retaliation.

As an employee, you can determine if these decisions could be retaliation targeting you or others in the company, based on your protected status or your prior complaints of discrimination. If proven valid, these changes may be unlawful, requiring legal action. But there are specific conditions that must exist to qualify an employment decision as retaliation, including the following:

  • The targeted employee is involved in activities that can result in retaliation, such as filing a complaint against the employer, participating in a co-worker’s proceedings against unlawful company practices, or expressing opposition against discrimination or other illegal conduct within the workplace.
  • The employer or manager used the targeted employee’s activities as a basis for the adverse decision.
  • The decision made by the manager or employer could improperly discourage other employees from participating in similar activities.

Other factors can also confirm whether the decision is retaliatory. If you raise the issue that an employment decision is a form of retaliation, the employer should investigate the challenged conduct, since it can have significant repercussions for the employer.

Addressing retaliation at work

Facing retaliation can be scary, especially if so much is riding on what happens next. If you believe you became subjected to retaliatory employment decisions, seeking legal counsel can be helpful. By doing so, you can receive experienced insight regarding the situation, helping you make informed decisions on what to do about the changes. You can also learn about the most appropriate legal options, considering your needs and circumstances.

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