What You Need to Know About Witnessing Workplace Retaliation
Here’s everything you need to know about testifying after witnessing workplace retaliation.
Workplace retaliation is a form of employment discrimination and is federally prohibited. Employees who witness workplace retaliation should understand their responsibilities.
What is workplace retaliation?
The United States Equal Employment Opportunity Commission (EEOC) defines workplace retaliation as the unlawful retaliation against applicants or employees for:
- Filing or being a witness in an EEOC charge, complaint, investigation, or lawsuit.
- Communication with a manager or supervisor about the alleged harassment.
- Complying with an employer investigation of alleged harassment.
- Refusing to follow orders that would create discrimination.
- Resisting sexual advances and protecting others from sexual advances.
- Requesting accommodations for a disability or religious reason.
Workplace retaliation laws protect applicants’ or employees’ employment rights and allow for “protected activities” preventing employment discrimination.
Related: California Employment Discrimination FAQs
Workplace retaliation may take many forms. An employer may not do anything to discourage an employee or applicant from complaining about future employment discrimination.
Workplace retaliation may take the form of:
- Lowering an employee’s performance evaluation.
- Transferring the employee to another position or demoting them.
- Engaging in verbal or physical abuse.
- Threatening or reporting an employee to authorities.
- Increased scrutiny of the employee.
- Spreading rumors or engaging in negative actions against their family members.
- Increasing their job responsibilities or making the work harder.
Can witnesses testify in workplace retaliation cases?
Employees or applicants may testify in workplace retaliation cases if they witness retaliatory behavior. Federal laws prohibit interference with protected activities meant to prevent employment discrimination. Federal civil rights laws protect whistleblowers who speak out or take action against workplace discrimination. The law permits whistleblowers to fully comply with employment discrimination investigations, including testifying in court.
Related: What to Ask for in an Employment Discrimination Settlement
FAQs about Workplace Retaliation
Can employers fire employees while an EEOC or employer investigation is ongoing?
Employers may discharge or discipline an employee regardless of EEOC activity. If the discipline or termination is neither retaliatory nor discriminatory, employers are free to fire or reprimand an employee.
What should a witness do if they face retaliation?
Witnesses should immediately report any threats or acts of retaliation to the relevant authorities.
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