Atlanta Retaliation Attorney
Retaliation, such as firing or demoting, an employee who has filed a complaint is unlawful, even if the original EEOC complaint was unwarranted. If you have been fired, harassed, or otherwise reprimanded by your employer for filing a discrimination claim, resisting sexual advances, participating in an investigation, or engaging in another protected act, you have the option of holding your employer accountable for damages. Conversely, if you have been accused, as an employer, of retaliation, you need to take measures to protect your business. Atlanta workplace retaliation attorney Christine Forsythe at The Forsythe Law Firm, LLC defends the rights of both employees and employers, and is not intimidated by trial.
Retaliation as Defined by The Equal Employment Opportunity Commission
Laws governed by the Equal Employment Opportunity Commission (EEOC) prohibit retaliation in the form of a negative employment decision when in response to any of the following protected acts:
- Filing a workplace discrimination or harassment claim
- Being a witness in a workplace claim, investigation, or lawsuit
- Telling a supervisor or manager about employment discrimination
- Telling a supervisor or manager about harassment
- Refusing to follow a supervisor or managers orders that are discriminatory
- Resisting sexual advances
- Intervening to protect another person from sexual advances
- Requesting a reasonable accommodation for a disability or religious practice
- Inquiring managers or co-workers about salaries in order to uncover discriminatory pay
Equal Employment Opportunity Claims
Employers are prohibited from harassing or making negative employment decisions because of an employee or applicant’s real or perceived protected traits, which include the following:
- Race
- Color
- Religion
- Sex, including pregnancy, gender identity, and sexual orientation
- National origin
- Age if 40 or older
- Disability
- Genetic information
As such, if an African American employee believes they have been discriminated against, such as receiving lower pay than their Caucasian peers for example, they have the right to not only file a claim for damages, but have job security for filing the claim or bringing the matter up to their employer.
Examples of Retaliation
- Firing the employee
- Laying the employee off
- Demoting the employee
- Taking the employee off desirable projects
- Relocating the employee
- Harassment including threats
- Giving the employee a negative performance review
- Increasing scrutiny
- Reducing hours or wages
- Changing the employee’s work schedule to make their job or life more difficult
- Taking away job benefits
- Any other negative employment decision
What Employers Need to Know About Retaliation
Engaging in a protected activity, such as filing a claim or participating in another colleague’s claim, does mean the employer cannot discipline or fire the employee. Employers have the freedom to discipline, reduce working hours, terminate, or otherwise reprimand an employee so long as it is not in response to an Equal Employment Opportunity claim or other protected activity. For example, if an employee’s performance review was poor, an employer does not need to give them a promotion simply because they spoke out against workplace harassment the month prior.
Call an Atlanta Retaliation Attorney Today
Retaliation can be hard to prove for employees who have been mistreated by their employer. On the flip side, retaliation claims can also spell disaster for employers. Regardless of which side you are on, Atlanta retaliation attorney Christine Forsythe at The Forsythe Law Firm, LLC can help. Call today at 404.476.2717 to schedule a consultation.
