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Definition of Workplace Retaliation
Currently, workplace retaliation is the third most common type of discrimination complaint registered by employees with the Equal Employment Opportunity Commission (EEOC). According to the EEOC, retaliation claims have increased from 7,900 in 1991 to almost 20,000 in 1999.
Retaliation occurs when an employer illegally seeks revenge on their employee who has complained of discrimination or some other allegedly unlawful act by the employer. Employers may not retaliate against those who: file or threaten to file a charge, assist in an investigation, complain about alleged discrimination, refuse to obey an order believed to be discriminatory or request reasonable accommodations.
Examples of retaliation activities taken by the employer against an employee range from termination of the employee, suspension, demotion, denial of promotion, verbal threats, physical threats, termination of spouse, providing negative references to other employers, and refusal to hire. Even threats and reprimands qualify as retaliation according to the EEOC guidelines.
In addition to the above examples of retaliation, post employment retaliation is also protected by the courts. In 1997, the US Supreme Court ruled that an employer that acts with the purpose of making it difficult for a former employee to obtain a new job is considered illegal retaliation.
Employees that have suffered retaliatory actions may take their employers to court and seek money for compensatory and punitive damages.
Court rulings to protect whistleblowers: An employee who discloses information that can prove that the employer violated the law is also labelled as a "whistleblower". It is not difficult to find situations where businesses will automatically terminate a whistleblower for trying to put their employer at risk. This creates a problem because many workers are afraid to expose acts of discrimination or corporate wrongdoing because of the fear of retaliation by their employer. During the past 10 years, the US Supreme Courts have ruled in favour of whistleblowers that have been a victim of corporate retaliation. The court systems are very harsh against employers that retaliate against whistleblowers.
A whistleblower that has been terminated can sue their former employer for damages under a number of state and federal laws. In a recent court case, Nabil Darghous, a former manager of Johnson Controls, alerted management of a number of illegal acts of company...