Discrimination can occur in any workplace. When it happens to a colleague, you may be asked to support their claim. If you have seen evidence of workplace harassment, unfair demotion or dismissal due to discrimination based on a worker’s sex, race, religion, sexual orientation or other characteristics, you may want to help. At the same time, you may worry about getting into trouble or even getting fired.
In this situation, retaliation refers to any adverse action taken by an employer against an employee, specifically because the worker complained of discrimination or took part in some way in a discrimination claim or proceeding.
Common forms of retaliation include demotions, harassment or termination of employment. They can also include blocking access to workplace resources, starting “whisper campaigns,” creating hostile workplaces or preventing advancement opportunities. They can also mean offering a worker less attractive work assignments, shifting duties or punishing the worker in some way. In some cases, punishment can even take the form of wage cuts, lowered bonuses or refusals for an expected raise or promotion.
In the workplace, some laws make discrimination based on ethnicity, country of origin, race, color, sex, religion, age, disability or genetic conditions illegal. These same rules make it illegal for employers to take retaliatory action against discrimination claimants and their supporters.
If you are the victim of discrimination, you have legal recourse. Laws protect you and any coworkers who support you from retaliatory action. If co-workers are reluctant to support your claim, talk to an attorney. An attorney is aware of the laws, and their representation can make it easier for colleagues to step forward because they may see there is legal protection in the case.
Retaliation for supporting a coworkers’ claim is not permitted and is illegal. However, despite the laws, some employers and managers ignore the legislation and take retaliatory action anyway. In some cases, they may assume they will not be caught. In other cases, they may want revenge because they see a discrimination case as unjust.
It is possible to fight back if you have faced retaliation. If this has happened to you, contact an attorney familiar with retaliation cases in the workplace. An experienced attorney can gather evidence of previous retaliatory action in a workplace or on the part of a manager or other work authority. They can interview potential witnesses to the retaliatory measures and find evidence to support your claim.
Even if an employer alleges you were terminated due to inadequate work performance or claims you were passed over for a promotion because someone else was more qualified, if the action was retaliatory, there is often evidence to support this. Your replacement may be less qualified, for example, or an attorney may find proof of quality work on your part, which can help show your firing or demotion was unjustified.
If you saw discrimination in the workplace, coming forward can help stop the same behavior in the future. Working with your coworkers’ claim can also ensure you will have support if you ever face discrimination in the same workplace. That said, the decision to take part in a claim is a personal one. It can help to know your employer cannot legally fire you or take adverse action against you if you decide to take part in the case.
If you were retaliated against because of a discrimination claim or because you supported a fellow worker’s claim, contact Weisberg Cummings, P.C. today at (855) 716-2367 to arrange a consultation. Our attorneys fight back when workers are unfairly treated due to employers breaking the law.
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