How to Recognize and Address Retaliation in the Workplace

Most employees understand that discrimination in the workplace is prohibited and that employers may not treat workers differently or less favorably due to their race, religion, gender, sexual orientation, age, disability, or any other protected characteristic. It is also generally understood that employers are prohibited from retaliating against employees for reporting discriminatory behavior or participating in an ongoing investigation.

However, retaliation can be difficult to recognize because it is not always obvious. In addition, despite the laws against retaliation in the workplace, employees often fear that speaking up can have negative consequences. If you have been discriminated against at work, it is highly recommended that you contact an experienced employment lawyer who will help you recognize the signs of retaliation and ensure that your legal rights are protected.

What Is Retaliation in the Workplace?

“Workplace retaliation” occurs when an employer takes negative action against an employee for engaging in a protected activity, including reporting discrimination or harassment, filing an official complaint, participating in a workplace investigation, reporting wage and hour violations, requesting a reasonable accommodation for a disability, or acting as a witness in another employee’s complaint. Not all negative employment decisions or actions are considered retaliation, so it is important to be able to distinguish between disciplinary actions that are justified and retaliatory actions that violate your legal rights.

What Are Common Signs of Workplace Retaliation?

It is not always easy to recognize retaliation in the workplace. Some actions are blatant and obvious, while others are much more subtle. If you have experienced or observed discrimination in the workplace and you are considering engaging in a protected activity, the following are examples of common signs of retaliation:

• Sudden negative performance reviews. While a poor performance review does not automatically prove retaliation, it may be cause for concern if there is a dramatic shift in evaluations without a clear explanation. This is particularly true if you have a pattern of positive performance reviews but suddenly receive criticism after reporting discrimination or harassment.
• Demotion. Retaliation can also involve reducing your responsibilities or authority. For example, if you previously managed important projects and your responsibilities are suddenly assigned to someone else, or you are excluded from important meetings, this may be a sign of retaliation if the changes occur shortly after you made a complaint.
• Schedule changes. If your employer makes changes to your work schedule after you make a complaint or participate in an ongoing investigation, this may be a sign of retaliation. Examples include assigning undesirable shifts, reducing work hours, changing schedules without notice, eliminating previously allowed flexibility, and requiring excessive overtime.
• Increased scrutiny. Oftentimes, employees who report discriminatory behavior feel like they are constantly being watched or scrutinized. For example, managers may suddenly start monitoring every task, criticize minor mistakes, or enforce rules more strictly against you than against other employees. While it is within your employer’s rights to supervise your work and provide constructive feedback, unusually intense scrutiny directed at you specifically can signal retaliation.
• Exclusion from opportunities. Retaliation can prevent you from taking advantage of opportunities that can advance your career. Common examples include being passed over for a promotion, being left out of meetings or important communications, being excluded from training programs, and missing out on opportunities to work on important, high-profile projects.
• Hostile treatment. If your employer creates an unpleasant, hostile environment after you reported the discrimination in the workplace, this is another common example of retaliation. This can make you feel unwelcome in the workplace and make you consider leaving your job. Examples of hostile treatment include cold treatment from your supervisor, increased criticism, social isolation, refusal to communicate, and unfair disciplinary actions.
• Termination. This is the most obvious form of retaliation, particularly if the termination occurs soon after you exercised your legal right to report discriminatory behavior or participate in an investigation.

What Impact Does Retaliation Have on Employees?

Retaliation can affect employees in several ways, from the negative impact it can have on their careers to the physical and mental health consequences. For example, you may question whether you did the right thing by reporting the discriminatory behavior, or you may feel trapped in a hostile work environment because your family relies on your income. Chronic work stress can also cause a range of health issues, including sleep issues, headaches, anxiety, depression, and other health concerns.

What Laws Protect Against Retaliation in New Jersey?

New Jersey has strong federal and state protections against retaliation, including discrimination claims and whistleblower activity. The following are examples of federal protections:

• Title VII of the Civil Rights Act of 1964. This prohibits retaliation for reporting discrimination based on race, color, religion, sex, or national origin.
• Age Discrimination in Employment Act (ADEA) – Protects against retaliation for reporting age discrimination.
• Americans with Disabilities Act (ADA) – Prohibits retaliation for reporting disability discrimination.
• Genetic Information Nondiscrimination Act (GINA) – Protects against retaliation for reporting genetic discrimination.
• Whistleblower Protections – Federal laws like the False Claims Act and Whistleblower Protection Act (for federal employees) also apply in certain contexts.

The following are New Jersey state laws that protect employees from retaliation:

• New Jersey Law Against Discrimination (NJLAD):
  – Protected activities: Filing discrimination complaints, participating in investigations, opposing discriminatory practices, or supporting co-workers’ claims.
  – Coverage: Applies to all employers in New Jersey, regardless of size.
  – Remedies: Compensatory and punitive damages, reinstatement, lawyers’ fees.
  – Statute of limitations: Two years from the adverse action.
• Conscientious Employee Protection Act (CEPA):
  – Whistleblower protections: Cover reporting violations of law, regulation, or public policy; refusing to participate in illegal activity; objecting to illegal conduct; or providing information to law enforcement.
  – Coverage: All employers, including internal reports.
  – Remedies: Reinstatement, back pay, benefits, compensatory damages, lawyers’ fees, and in some cases punitive damages.
  – Statute of limitations: One year from the retaliatory action.

What Steps Should I Take if I Have Been Retaliated Against in the Workplace?

If you believe that your employer has retaliated against you for reporting discriminatory behavior, this is a violation of your legal rights. To ensure that your rights are protected, you must take the following proactive steps:

• Document everything. You must keep detailed records of the complaints, emails, and other messages you received from your employer, performance reviews, schedule changes, disciplinary actions, witness statements, and notes about conversations. This will help establish a timeline and preserve key details that can be easily forgotten. When documenting these events, make sure that you record the dates, times, and locations, as well as the people involved.
• Save relevant communications. Make sure that you keep copies of messages that are related to workplace complaints, disciplinary actions, changes in job responsibilities, performance concerns, requests for accommodations, and management responses. Maintaining organized records that make it easier to identify patterns of behavior and explain what happened.
• Compare your treatment to others. Oftentimes, retaliation becomes clearer when employees compare their treatment to that of their co-workers. For example, if the workplace rules are not enforced equally, or other employees do not receive similar discipline, or you have been denied opportunities that other employees have not, this can help establish a pattern of unequal treatment.
• Report the retaliation. Check your employee handbook to determine whether your employer has procedures in place for reporting retaliation and other workplace concerns. In most cases, you will need to report the behavior through the company’s established channels, which may include Human Resources, a supervisor, or a compliance department. When reporting retaliation, you must provide specific examples and supporting documentation as opposed to broad accusations. For example, instead of saying, “my manager has retaliated against me,” include details about exactly what was said, the date and time it was said, and provide supporting documentation.
• Remain professional. Retaliation can be physically and emotionally draining. However, it is in your best interest to stay professional and avoid responding in an aggressive, threatening, or inappropriate manner. Continuing to perform your job responsibilities will help protect your reputation and credibility and prevent your employer from being able to point to your unprofessional behavior as a justification for their actions.
• Know your rights. There are federal and state laws in place that prohibit retaliation. These laws give you the right to report discrimination, oppose unlawful workplace practices, participate in investigations, request legally protected accommodations, report safety concerns, and exercise other protected workplace rights. Having a general understanding of your rights can help you make an informed decision about how to respond.
• Seek legal guidance. If you have been retaliated against by your employer, it is highly recommended that you contact an experienced employment lawyer at your earliest convenience. A dedicated lawyer will examine the documentation, evaluate the timeline of events, and explain the legal protections that apply under federal, state, or local laws.

Our Experienced Cherry Hill Employment Lawyers at The Gold Law Firm P.C. Represent Clients Who Have Been Retaliated Against at Work

If you or someone you know has been retaliated against for reporting discrimination in the workplace or participating in an ongoing investigation, do not hesitate to contact our Cherry Hill employment lawyers at The Gold Law Firm P.C. We will protect your legal rights, help you navigate the claims process, and negotiate the best possible settlement option. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey, and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.