What You Need to Know About Reporting Retaliation in the Workplace
Workplace retaliation is a surprisingly large problem in the United States. It is important for employees to remember that they are not alone, and are able to report and sue for damages. Here is how to report retaliation in the workplace.
Retaliation is an extremely frequent basis of discrimination in the workplace. There are many types of retaliation, but an employer retaliating in almost any way is grounds for a lawsuit. There are four different specific pieces of evidence that an employee will have to show in order to prove workplace retaliation. It is easiest to file a complaint online, but lawsuits can also be filed through the mail, email, or even over the phone.
Grounds for a Retaliation Lawsuit
Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. The Equal Employment Opportunity (EEO) laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called “protected activity,” and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:
- Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
- Communicating with a supervisor or manager about employment discrimination, including harassment
- Answering questions during an employer investigation of alleged harassment
- Refusing to follow orders that would result in discrimination
- Resisting sexual advances, or intervening to protect others
- Requesting accommodation of a disability or for a religious practice
- Asking managers or co-workers about salary information to uncover potentially discriminatory wages
Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace might violate EEO laws.
In order to prove retaliation, an employee will need evidence to show all the following:
- They experienced or witnessed illegal discrimination or harassment,
- They engaged in a protected activity,
- Their employer took an adverse action against them in response, AND
- They suffered some damage as a result.
How to File a Retaliation Lawsuit
If an employee has a retaliation claim based on any of these health and safety protected activities, they may file a retaliation complaint with the Labor Commissioner’s Office in any of the following ways:
1. File a retaliation complaint online.
2. File in person at any location of the Labor Commissioner’s Offices.
3. File by mail at:
LABOR COMMISSIONER’S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
2031 Howe Ave Suite 100
Sacramento, CA 95825
or
LABOR COMMISSIONER’S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
320 W Fourth St Suite 450
Los Angeles, CA 90013
4. File by email at: oshaRetaliation@dir.ca.gov
5. File by a phone call at: (714) 558-4913
6. File by fax at: (714) 662-6058
Although it is not required, if an employee wants to use a form to file their complaint, they should download, complete, and print the Retaliation Complaint form. Once a complaint has been accepted by the Retaliation Complaint Investigation Unit, it will be assigned to an investigator who will investigate the claim.
Related: How to Sue Your Employer in California
FAQs About How to Report Retaliation in the Workplace
How difficult is it to sue an employer for retaliation?
The difficulty level of suing an employer for retaliation depends on the type of damages that an employee is suing for. The damages that an employee is able to recover are lost pay, lost benefits, pain and suffering, punitive damages, and attorneys’ fees. The two most difficult damages to sue for are lost pay and punitive damages. While they can be difficult to sue for, a lawyer can help make the process easier.
How much is a retaliation lawsuit worth?
According to Equal Employment Opportunity Commission (EEOC) data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of 1 million dollars or more. Of these, employees lost at least half of all cases. However, the average value of an employment discrimination case varies widely, depending on where the employee lives, the type of case, the extent of the damages, and the strength of the proof, etc.
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If you or a loved one is seeking to report retaliation in the workplace, contact us. Get your free consultation with one of our California Employment Attorneys today!