Have You Been Retaliated Against for Speaking-Up?
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 employers from punishing employees for asserting their rights to be free from employment discrimination (referred to as protected activity).
Protected activity includes but is not limited to the following:
- Reporting discrimination to a member of management
- Resisting sexual advances or intervening to protect others from harassment
- Refusing to follow orders that would result in discrimination
- Requesting an accommodation for a disability or a religious practice
- Answering questions as part of an employer’s investigation of discrimination
- Opposing illegal discrimination against another employee
- Filing an EEOC charge, complaint or lawsuit against an employer for discrimination
- Being a witness in an EEOC charge, complaint, investigation or lawsuit for discrimination
Examples of retaliation when employees assert their rights:
- Termination from employment
- Demotion or transfer to a less desirable position
- Disciplinary action
- Reduced authority
- Significant Change in Job Responsibilities
- Unwarranted or increased scrutiny of job performance
- Performance review that is lower than it should be
- Denial of a promotional opportunity
- Denial of a training opportunity
- More difficult work schedule or working conditions
- Spreading false rumors about employee
- Interfering with job performance or making work more difficult
- Reduced pay or bonus
- Loss of a pay raise or bonus
The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits covered employers from retaliating against an employee for exercising rights under certain state laws. Many REDA cases involve employees who were discharged because they filed Workers’ Compensation claims, claims for violations of OSHA, and claims for violations of wage and hour statutes. There are a number of other state laws covered under REDA as well. Exercising a right may include filing a claim or complaint, initiating any inquiry, investigation, inspection, proceeding or other action, or testifying or providing information to any person with respect to certain types of protected activities.
If you suspect that you have been retaliated against for exercising your workplace rights or for reporting illegal behavior, contact Rich Daugherty today. He is experienced in representing clients who have been victims of retaliation in the workplace and will fight to protect your rights.
You can arrange for an initial phone conference with Rich at no charge. He represents clients throughout North Carolina and is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.