Google Screened

Are You in the Healthcare Field?

Find Out How We Can Help »
[et_social_follow icon_style="slide" icon_shape="rectangle" icons_location="top" col_number="1" outer_color="dark"]
Millions Recovered For Our Clients No Fees Unless We Win

Retaliation a Top Complaint for EEOC

February 19th, 2020

Laws against discrimination provide employees with the right to work unimpeded by discrimination based on their protected class. These rights are meaningless if requests to stop discrimination in the workplace are met with retaliation. Accordingly, laws against discrimination also prohibit retaliation against someone seeking to exercise their rights to a workplace free from discrimination. Asserting these rights is termed a protected activity.  Examples of protected activity include:

  • Cooperating in an employer’s investigation of a complaint of alleged discrimination
  • Informing a superior of employment discrimination witnessed
  • Participating in an investigation or lawsuit involving a claim of discrimination
  • Refusing to follow orders that would result in discrimination
  • Resisting sexual advances or intervening in a sexual advance to protect another
  • Requesting reasonable accommodation for a disability or religious practice

Cooperating in any complaint process is protected in all circumstances.  For other activity, the conduct is examined considering the surrounding circumstances. An employee opposing acts of discrimination is protected so long as he or she is operating under a reasonable belief that the acts violate Equal Employment Opportunity Commission (EEOC) laws. This is true even if the employee is unfamiliar with legal terminology regarding the acts or incorrectly believes the conduct is unlawful. A legal claim establishing retaliation proves that:

  • An employee engaged in protected activity
  • The protected activity was followed by a materially adverse action against the employee by the employer
  • The retaliation was the reason for the employers’ actions

In addition to employees, former employees are also protected against retaliation. For example, an employer giving a false negative job reference to punish a former employee for making an EEO complaint can also be found guilty of unlawful retaliatory discrimination.

EEOC Protected Activity in Context

Employers are entitled to properly discipline or discharge an employee so long as it is neither retaliatory nor discriminatory. However, if an employer’s discipline is done in response to EEOC activity, and it would discourage employees from resisting or complaining about future discrimination, then that discipline would be unlawful. An employer’s retaliatory acts include:

  • Increased scrutiny
  • Making work more difficult
  • Transfer to a less desirable position
  • Verbally lashing out

EEOC Maintains Statistics on Reported Cases

The EEOC is the federal agency authorized to receive, investigate, and resolve claims of discrimination in the workplace. This includes retaliation against those who complain about discriminatory practices. The EEOC tracks cases nationwide and analyzes them for trends and frequency.

In a recent year, retaliation in the workplace was the most frequently reported charge. More than half of all cases involved retaliation and has been the most frequently reported charge for over 10 years. About equal in number were charges of discrimination based on disability, race, and sex.  Pennsylvania retaliation cases represented 6.2 percent of the retaliation cases reported nationally.

Philadelphia Employment Lawyers at The Gold Law Firm P.C. Advocate for Those Experiencing Retaliation in the Workplace

If you were discriminated against in your workplace or retaliated against for protected activity in combating workplace discrimination, our experienced Philadelphia employment lawyers at The Gold Law Firm P.C. want to help. For a free consultation, call us at 215-569-1999 or submit an online contact form. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout Wilkes-Barre, Scranton, northeast Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, and South Jersey.

The Gold Law Firm P.C.
Average rating:  
 0 reviews
View All Practices
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
Silver Client Champion Award 2020
super lawyers badge

As Seen On

avvo Martindale Justia FindLaw
© 2024 The Gold Law Firm P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Website Accessibility: The Gold Law Firm P.C. is committed to ensuring digital accessibility for people with disabilities. We are continually working to improve the accessibility of all content on our website and applying the relevant accessibility standards.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers, Bar Register Preeminent Lawyer, Happening List Winner, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy, Best Lawyers, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 and Martindale Hubbell Client Champion Silver. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.