Have You Been Retaliated Against for Speaking-Up?
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) protect employees from being punished for asserting their rights to be free from discrimination based on sex, pregnancy, race/color, national origin, religion, disability, age, and sexual orientation/gender identity. The Family Medical Leave Act (FMLA) also protects employees against retaliation for exercising FMLA rights.
Examples of Legally Protected Activities:
- Complaining to a member of management about discrimination (including harassment)
- Filing an EEOC charge or lawsuit based on discrimination
- Answering questions during an employer investigation about discrimination
- Being a witness in a complaint, EEOC Charge or lawsuit about discrimination
- Refusing to follow orders that would result in discrimination
- Opposing the discrimination of another employee
- Resisting sexual advances, or intervening to stop the harassment of another employee
- Requesting an accommodation for a disability or religious practice
- Asking others about salary information to uncover a potentially discriminatory pay practice
- Requesting FMLA leave
- Disciplinary action
- Reduced job authority
- Significant change in job responsibilities
- Increased scrutiny of job performance
- Denial of a promotion or training opportunity
- More difficult work conditions or schedule
- False rumors about an employee
- Interference with job performance
- Reduced pay, bonus or other incentives
- Failure to give earned pay raise or bonus
- Isolation from other employees
- Exclusion from activities, meetings, etc.
- Restricting access to necessary job resources
Under Title VII, the ADA and the ADEA, employees of private sector employers must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.
The North Carolina Retaliatory Employment Discrimination Act (REDA) also prohibits certain employers from punishing employees for exercising rights under specific state laws such as the NC Workers’ Compensation Act, NC Wage and Hour Act, and NC OSHA. Exercising a right may include filing a claim, initiating an investigation, inspection, inquiry, proceeding or other action, or testifying or providing information to others about REDA protected activities.
If you’ve been retaliated against, contact Rich Daugherty. He will fight to protect your rights.
Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich. He will be by your side every step of the way to reach a fair resolution of your case. In addition to litigating cases, Rich has negotiated confidential severance agreements favorable to his clients.
Rich offers a one-on-one relationship with his clients. When you contact his office, you will speak directly with him.
You can arrange for an initial phone conference at no charge.
Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.