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) prohibit covered employers from punishing employees for asserting their rights to be free from discrimination based on sex, pregnancy, sexual orientation or gender identity, race or color, national origin, religion, disability, and age. The Family Medical Leave Act (FMLA) also prohibits employers from retaliating against employees for exercising FMLA rights.

Examples of Legally Protected Activities

• Complaining to management about discrimination (including harassment)
• Notifying management about an unlawful activity
• Resisting sexual advances or opposing the harassment of another employee
• Filing an EEOC charge or lawsuit based on discrimination
• Answering questions during an employer investigation about discrimination
• Serving as a witness in a complaint, EEOC charge, or lawsuit about discrimination
• Refusing to follow orders that would result in discrimination
• Asking others about their pay to uncover potential discrimination
• Requesting FMLA leave
• Requesting an accommodation for a disability or religious practice
• Opposing discrimination against another employee

Examples of Retaliation

• Undermining managerial authority or span of control
• Exclusion from key meetings and other activities
• Taking away direct reports or financial resources
• Interference with or disruption of work
• Unwarranted scrutiny of job performance
• Making or perpetuating disparaging or false statements
• Demotion or transfer to a less desirable position
• Unmerited disciplinary action, PIP, or termination
• Denial of promotions or training opportunities
• Significant reduction or change in job responsibilities
• Unfairly imposing more difficult work conditions
• Inequitable reduction in pay, bonus, or other incentives
• Failure to award earned pay raises or bonuses
• Isolation from other employees
• Threats, intimidation, or humiliation

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.  REDA claims must be filed within 180 calendar days of the retaliatory action.

If you’ve been retaliated against, contact Rich Daugherty.  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.

In addition to litigating cases, Rich negotiates confidential severance agreements and executive exit agreements favorable to his clients.