Every employee has the right to a workplace that is free from retaliation. Retaliation occurs when an employer acts negatively against an employee who has engaged in a legally-protected activity, including the following (not an exhaustive list):
An employer actions can be considered retaliatory if they are motivated by the employee’s legally-protected actions. Examples of unlawful employer retaliation include:
Many different laws, federal and state, protect employees against retaliation. Workers who experience retaliation will go through their state’s Equal Employment Opportunity Commission (EEOC) for claims pursuant to the following.
Protects employees from discrimination based on race, color, national origin, sex, and religion.
Makes it unlawful to discharge or discriminate against any employee because of filing a complaint or being willing to testify on a complaint.
Protects employees who make workplace safety and health complaints.
Protects workers with disabilities in the workplace against discrimination or retaliation.
Gives rights to workers organizing, trying to form, join, or assist labor organizations to bargain as a group, and to engage in activities together with other workers. The anti-retaliation protection of the NLRA gives employees broad protection regardless of whether there is a union in the workplace.
Protects workers against age discrimination in the workplace.
On a state level, the Pennsylvania Human Relations Commission (PHRC) handles retaliation claims pursuant to:
Local laws can even protect workers. For example, Philadelphia’s Fair Practices Ordinance (PFPO) protects employees from discrimination and harassment based on their sex, sexual orientation, and gender identity.
An employee who has experienced employer retaliation should contact an employment lawyer. They may be entitled to recover compensation for their losses, including:
Retaliation against employees for whistleblowing or other reasons is illegal. If you feel your rights have been violated, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just compensation under the law. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.