Workplace Retaliation

Workplace Retaliation Attorney Orland Park IL 

Workplace retaliation occurs when an employer takes action against an employee for taking legal action, such as reporting discrimination or filing a complaint. This behavior can create an unfair and hostile work environment. It is important to address this issue not only to protect employee rights, but also to promote transparency and accountability in organizations. Both employees and employers must understand the legal aspects of workplace retaliation.

What Is Workplace Retaliation?

Workplace retaliation is the act of employers taking adverse measures against employees who have asserted their rights under employment laws. These measures can include demotion, termination, harassment, reduction in working hours, or exclusion from important opportunities, among other things. They are often taken with the intention of intimidating or punishing the individual for standing up for their rights.

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    Retaliation can occur after employees engage in protected activities, such as reporting discrimination, exposing illegal company practices, requesting accommodations for disabilities or religious beliefs, or participating in workplace investigations. It is crucial to recognize these patterns in order to identify potential retaliation and take appropriate action to address it.

    Legal Protections Against Retaliation

    Both federal and state laws provide strong protection for employees who experience retaliation. At the federal level, several important laws protect workers’ right:

    • Title VII of the Civil Rights Act prohibits retaliation against people who oppose discriminatory practices based on race, gender, religion or other protected characteristics.
    • The Americans with Disabilities Act protects employees who need accommodations for their disabilities.
    • The Age Discrimination in Employment Act shields older workers from being retaliated against.
    • The Family and Medical Leave Act ensures protection for people taking medical leave.
    • The Occupational Safety and Health Administration covers employees who report safety violations.
    • The Sarbanes-Oxley Act protects whistleblowers in publicly traded companies.

    In Illinois, additional protections for employees are provided through laws such as the Illinois Human Rights Act (IHRA) and the Illinois Whistleblower Protection Act. These laws prohibit employers from taking retaliatory actions against employees who exercise their rights under anti-discrimination laws or report unlawful activities.

    However, it’s important to note that there are strict time limits for filing complaints about retaliation under these laws. Under federal law, employees typically have between 180 and 240 days to file an EEOC claim. In Illinois, IHRA claims must be filed within 180 days of alleged retaliation. Missing these deadlines could result in losing the right to legal action, so it’s crucial to act promptly.

    Signs You May Be Facing Retaliation

    Recognizing retaliation early can help minimize its impact and allow you to take appropriate action. Some common signs of retaliation include: sudden changes in performance evaluations; exclusion from meetings or projects; alterations in job responsibilities or work environment; and unfriendly treatment by managers or colleagues.

    If you notice any of these warning signs after engaging in protected activity, such as filing a complaint or reporting wrongdoing, it is important to document the events. Keep detailed records of the dates, times, places, and details of occurrences, as well as any relevant evidence, such as emails or communications.

    Steps to Take if You Experience Retaliation

    If you believe you are experiencing retaliation at work, it is important to take immediate action. Firstly, document every instance in detail, including specific events and those involved. Then, inform your human resources or management about the matter according to your company’s official grievance process.

    If internal measures do not resolve the situation, you may wish to file a complaint with the Equal Employment Opportunity Commission (EEOC) or Illinois Department of Human Rights. Consulting with an experienced employment attorney can provide valuable advice and help ensure adherence to relevant legal timelines.

    How a Workplace Retaliation Attorney Can Help

    Navigating retaliation claims can be complex and requires expertise. An attorney can provide valuable assistance, including:

    • Assessment of your situation to determine if it qualifies for a retaliation claim.
    • Guidance on legal processes and requirements, such as deadlines, documentation, and procedural details.
    • Support with negotiation and litigation, either to settle the case or represent you in court for fair compensation.
    • Advocacy to protect you from further retaliation and ensure measures are put in place to prevent ongoing mistreatment.

    Why Choose Michael J. Brennan?

    When selecting a lawyer to represent you, choosing someone with the experience, skills, and resources necessary to handle your case effectively is essential. That’s where Michael J. Brennan Injury & Accident Lawyer comes in.

    We work on a contingency fee basis, meaning you won’t pay any upfront costs or legal fees unless we secure compensation. Let us take the burden of your legal case off your shoulders, so you can focus on what matters most – your health and recovery.

    You can schedule a free consultation with an Orland Park premises liability lawyer who handles premises liability claims online or by calling.