Workplace retaliation is a serious problem for many employees in the D.C. metropolitan area, affecting both governmental and private sector workers. It happens when an employer punishes you for exercising your legal rights. Reporting discrimination, harassment, or illegal activities is usually considered a protected activity. When you speak up, you should not have to fear negative consequences.
In fact, retaliation is the most common form of workplace discrimination, with federal data consistently showing it as the most frequently filed charge – alleged in 51.6% of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). Know what retaliation looks like so you can protect yourself and your career.
Examples of retaliation
Retaliation can be obvious or very subtle. An employer may not say, “I am punishing you for your report.” Instead, you might see changes in your work environment that seem unfair. Common retaliatory actions include being fired or demoted, getting a pay cut, or having your hours reduced. You may suddenly receive a poor performance review after years of positive feedback.
Less obvious examples include:
- Exclusion from meetings or important projects
- Being assigned a less desirable work schedule
- Increased scrutiny or micromanagement from a supervisor
- Threats or intimidation from management or coworkers
If an employer takes an action that would discourage a reasonable person from making a complaint, it can be considered retaliation.
How to fight back
If you believe you are a victim of retaliation, taking immediate action is critical. First, document everything. Write down every incident, including dates, times, locations, and the names of anyone involved. Keep copies of all relevant emails or messages.
Thorough documentation is your key evidence. Next, report the retaliation to your HR department or a higher-up in writing. Make sure to keep a copy for yourself, as it creates a formal record of your complaint.
What to do next
After documenting and reporting, you may need to file an official complaint with a government agency. The EEOC, along with state and local anti-discrimination agencies, handle these complaints. The agency will investigate your claim and may try to resolve the issue with your employer. An experienced employment law attorney can guide you through the complex process and help you determine the best course of action.
If you are a federal employee, you will follow a different process through your agency’s Equal Employment Opportunity office.
The state and local laws in Washington D.C., Maryland and Virginia all have strong protections against workplace retaliation, often mirroring federal laws.