All of the federal laws that prohibit discrimination, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), and the Americans with Disabilities Act (ADA), also bar employers from retaliating against employees and applicants for asserting their rights under these statutes, such as by raising concerns about discrimination in the workplace. If you were fired or disciplined for asserting your right to be free of discrimination or for raising concerns about discrimination at work, it is important to contact an experienced Alameda County retaliation lawyer who can help hold the employer accountable.
Federal equal employment opportunity laws prohibit employers from punishing employees or taking a materially adverse action against an employee for asserting his or her rights to be free from discrimination. Asserting these rights is a protected activity, which means that it is unlawful to retaliate against employees for:
It is important to note that employees are not automatically shielded from discipline or discharge if they are involved in any equal employment opportunity-related activity, as employers are allowed to terminate or discipline employees, but only if the employer is motivated by non-retaliatory and non-discriminatory reasons. However, employers are not allowed to retaliate against employees for raising concerns about discrimination, which negatively affects the employee and also has a chilling effect on other employees from raising similar concerns. For example, it may be retaliatory for an employer to respond to an employee’s discrimination-related complaint by giving that employee a performance evaluation that is lower than it should be, by transferring an employee to a less desirable position or purposely making a person’s work situation more difficult.
In order to be successful when filing a retaliation claim, the wronged party must be able to provide evidence demonstrating that:
Wronged employees, applicants, or former employees who meet this burden may be entitled to compensation for their damages. Relief could include back pay, front pay, or reinstatement to a former position, as well as a court order requiring employers to make changes in policies and procedures.
Please contact a member of the dedicated Alameda County retaliation legal team at Minnis & Smallets, LLP by calling 415-551-0885 to learn more about asserting your legal rights.