You have the right to a fair and safe workplace in Pennsylvania and across the U.S. In some situations, employers do not provide their employees with safe workplaces, whether intentionally or inadvertently. Some employers discriminate against workers based on race, sex, gender identity, age, disability or religious beliefs.
You can report an employer who violates your rights or a co-worker’s rights or who isn’t providing a safe place to work. In some cases, an employer might try to punish you or other employees for speaking up. Should that occur, you can take action to protect your career. The experienced employment retaliation attorneys at Weisberg Cummings, P.C. can help you get the justice you deserve.
What Is Employer Retaliation?
Employer retaliation in the workplace occurs when an employer takes action against a job applicant or employee when that person participates in a legally protected activity. The law protects certain activities, such as whistleblowing and refusing to participate in illegal activities. It also protects employees and candidates who try to enforce a protected right.
Retaliation can occur as a result of workplace discrimination or if there are unsafe situations in the workplace that an employee reports. The U.S. Equal Employment Opportunity Commission (EEOC) helps enforce laws that prohibit retaliation after discrimination. The Occupational Safety and Health Administration (OSHA) has a Whistleblower Protection Program that enforces anti-retaliation laws.
To be considered retaliation, the employer needs to take action that would deter an employee from protesting or making a complaint. Retaliation can take many forms and does not have to result in an employee being fired.
What Are Your Legal Rights as an Employee?
To understand whether an employer is retaliating against you or not, you need to know what your rights are in the workplace. The EEOC helps enforce laws that prohibit employers from discriminating against employees based on their sex, color, race, sexual orientation, religious beliefs, age and disability. Discrimination can mean that an employee is harassed or that they are denied a promotion, raise or other opportunities at work.
Under the laws enforced by the EEOC, you cannot be retaliated against if you do any of the following:
- File a charge or complaint with the EEOC
- Refuse to participate in discriminatory actions
- Discuss salary information with co-workers or managers
- Resist sexual advances or intervene to protect co-workers
- Request accommodation for a religious practice or disability
- Answer questions during a workplace harassment investigation
- Act as a witness to an EEOC charge, investigation, lawsuit or complaint
- Talk to a manager or supervisor about harassment or workplace discrimination
OSHA’s Whistleblower Protection program also protects you from retaliation if you report unsafe work practices or other activities that threaten the safety of others.
What Form Can Retaliation Take?
Employers might retaliate against employees in multiple ways. In some situations, it can be challenging to know whether an employer’s actions qualify as retaliation. The experienced employment law attorneys at Weisberg Cummings can review your case and help you determine whether you have experienced retaliation. If you have, we can guide you on the next steps to take and your rights.
Examples of retaliation can include:
- Firing you
- Reducing your pay
- Denying benefits to you
- Harassing or threatening you
- Demotion or transferring you to a less desirable position
- Bad-mouthing you to others in the industry or potential employers
- Giving you a poor performance review, if a poor review is not warranted
- Making workplace conditions so intolerable that you are compelled to quit
- Denying requests to swap shifts, even if the practice is permitted at the workplace
- Making your work more difficult, such as by changing your schedule or asking you to take on more shifts
If you have experienced any of the above or are being treated in a way that seems like retaliation, talk to an attorney to learn more about your rights and how to proceed.
Pennsylvania Employer Retaliation Laws
The Pennsylvania Human Relations Commission enforces the Pennsylvania Human Relations Act (PHRA), which prohibits employment discrimination and discrimination in housing, education, commercial properties and public accommodations. Under PHRA, an employer cannot discriminate against job candidates or employees based on:
- Sex
- Age
- Race
- Color
- Religious Beliefs
- Disability
- Ancestry
- National origin
Pennsylvania also has other laws that protect employees against retaliation for various other reasons.
Common-Law Protection
In Pennsylvania, an employer cannot fire you or take another adverse action against you for the following:
- If you have jury duty
- If you testify truthfully against your employer
- If you refuse to do something that violates the law
- If you file for unemployment benefits or workers’ compensation
- If you refuse a drug or lie detector test, unless the employer has cause for requiring one
Whistleblower Law
Pennsylvania has a Whistleblower Law that protects government employees from retaliation after the employee makes a fraud, abuse or waste report to the Office of the Inspector General.
Under the Whistleblower Law, you cannot be discharged from your position or otherwise discriminated against because you make a report in good faith to the appropriate authority about a situation involving waste or wrongdoing. Your employer cannot retaliate against you if an authority asks you to participate in an inquiry, investigation or hearing.
Statutory Protections
Title 43 of the Pennsylvania Statutes also outlines numerous situations where employer retaliation is prohibited. The statutes cover a wide range of industries.
For example, if you work in health care, your employer cannot retaliate against you if you refuse to work overtime or work more than your scheduled shifts.
Suppose you work in construction and the company you work for misclassified you as an independent contractor rather than an employee. In that case, the company cannot retaliate against you if you report the misclassification under the Construction Workplace Misclassification Act.
What Are Your Rights if You Experience Employer Retaliation in Pennsylvania?
If you think you are experiencing workplace retaliation, you have options. The first thing to do is talk to your employer’s human resources (HR) department. It could be that an action that seems connected to retaliation, such as changing your shifts or reducing your pay, is really due to logistical reasons. For example, an employer might change your shifts if you requested that previously. A company might cut pay if it is having financial difficulties, regardless of an employee’s performance or activities.
If the employer denies retaliation, you have the right to say that you believe that is what is occurring. You can ask them to stop doing it. If they do not comply or refuse to change, consider consulting with an employment law attorney. Also, make sure you have documentation and records of any actions taken against you.
Schedule a Consultation With an Experienced Employment Law Attorney
You need legal help if you believe that you have experienced retaliation in the workplace. The employment law attorneys at Weisberg Cummings have more than four decades of combined experience fighting for the rights of employees. Contact us today to set up a free consultation.
