What to Do If Your Employer Retaliates Against You for Reporting

Ready to Publish

Author

OG Image (1200x630)

Excerpt

If you face workplace retaliation after reporting illegal activities, it’s crucial to understand your rights and the steps you can take. This blog post outlines what constitutes retaliation, examples of illegal actions, and how an employment lawyer near you can help you navigate this challenging situation.

Meta Description

Learn what to do if your employer retaliates against you for reporting discrimination, harassment, or unsafe working conditions. Understand your rights and find an attorney near you to help you navigate the legal protections and take action against workplace retaliation.

Slug

employment-labor-law/workplace-discrimination-harassment-know-your-rights/what-to-do-if-employer-retaliates-reporting-discrimination-harassment

Alt Image Text

Illustration of employees in an office discussing workplace retaliation, highlighting employee rights and protections.

Understanding the EEOC: How Federal Laws Protect You

What to Do If Your Employer Retaliates Against You for Reporting

Global Tags

Employment & Labor Law

Parent item

Workplace Discrimination & Harassment – Know Your Rights

Sub-item

Hide in Main Feed

Post Id

1661

Updated

Mar 29, 2025 04:27 PM

Featured

Hide CTA

Hide Cover

What to Do If Your Employer Retaliates Against You for Reporting

Workplace retaliation is not just unethical—it’s illegal. If you’ve reported discrimination, harassment, wage violations, or unsafe work conditions, and your employer has responded by demoting you, cutting your hours, or creating a hostile work environment, you may be facing retaliation.

Many employees hesitate to report unlawful behavior out of fear that their employer will retaliate. But federal and state laws exist to protect you. If you know your rights, you can take powerful steps to stop retaliation and get justice.

In this post, you’ll learn:

What workplace retaliation is

Examples of illegal retaliation

How to prove you’re being retaliated against

What protections exist under federal law

What steps to take to protect yourself

How an employment lawyer near you can help

💡 For every post in this series, scroll down to “Related Posts.”

What Is Workplace Retaliation?

Retaliation occurs when your employer takes negative action against you because you engaged in a legally protected activity, such as reporting discrimination or participating in a workplace investigation.

Protected activities include:

Reporting sexual harassment or discrimination

Filing a wage theft or overtime complaint

Reporting OSHA safety violations

Taking FMLA leave for medical or family care

Participating in an EEOC investigation (even if you didn’t file the original complaint)

💡 Key takeaway: Employers cannot legally punish you just because you exercised your rights under labor or anti-discrimination laws.

What Are Examples of Employer Retaliation?

Retaliation can be blatant—or subtle. Here are some of the most common forms:

Termination or Demotion – You’re fired or demoted soon after reporting misconduct.

Reduced Hours or Pay – Your schedule is cut or you’re denied expected pay increases.

Unfair Disciplinary Action – You’re suddenly written up or reprimanded without cause.

Hostile Work Environment – You’re isolated, excluded from meetings, or verbally harassed.

Shift Reassignments or Undesirable Tasks – You’re given unpleasant duties or moved to a worse shift.

Denied Promotion or Career Opportunities – You’re overlooked for advancement despite qualifications.

These actions may seem minor on their own—but when tied to a protected activity, they may be illegal retaliation.

How Do You Prove Retaliation at Work?

Retaliation is illegal—but proving it requires evidence. Here’s how to build your case:

1. Show That You Engaged in Protected Activity

You must prove that you engaged in a legally protected activity, such as:

Filing a harassment complaint with HR

Reporting wage theft to the Department of Labor

Speaking up about discrimination

Participating in a workplace investigation

2. Show That Your Employer Took Adverse Action

You must show that something negative happened after your complaint, such as:

Getting fired or demoted

Receiving fewer hours or worse shifts

Being excluded from meetings or projects

3. Show That There’s a Connection Between the Two

This is often the hardest part. You must show a causal link between your complaint and your employer’s retaliation.

Ways to prove the connection:

Timing: If you were fired shortly after reporting misconduct, it could be suspicious.

Documentation: Emails, texts, or memos that show your employer’s reasoning.

Comparative Treatment: If others in similar roles weren’t disciplined, but you were after complaining.

Statements or Threats: Anything your employer said that hints your complaint caused retaliation.

💡 Tip: An employment lawyer near you can help organize your evidence and strengthen your case.

What Laws Protect You from Retaliation?

Several federal laws make retaliation illegal. Here’s a breakdown of key protections:

Title VII of the Civil Rights Act

Protects you from retaliation if you report race, color, religion, sex, or national origin discrimination.

Age Discrimination in Employment Act (ADEA)

Protects workers 40+ from retaliation after reporting age-based discrimination.

Americans with Disabilities Act (ADA)

Protects disabled workers from retaliation for requesting reasonable accommodations or reporting disability discrimination.

Fair Labor Standards Act (FLSA)

Protects employees from retaliation for reporting wage violations or unpaid overtime.

Occupational Safety and Health Act (OSHA)

Protects workers who report unsafe working conditions or health hazards.

Family and Medical Leave Act (FMLA)

Protects you if you were retaliated against for taking or requesting leave.

National Labor Relations Act (NLRA)

Protects workers who organize or discuss working conditions or wages.

If you were retaliated against after engaging in any of these activities, you may have a legal case.

What to Do If You’re Facing Retaliation

Here’s how to protect yourself—and potentially recover compensation:

Step 1: Document Everything

Keep records of:

Your complaint or report

Any emails, texts, or messages related to retaliation

Disciplinary actions taken against you

Witness statements or coworkers who can confirm retaliation

Step 2: File an Internal Complaint

Report retaliation to your employer’s HR department or compliance team. Ask for a written response.

Step 3: File a Formal Complaint with the EEOC

If your employer doesn’t resolve the issue—or if HR is part of the problem—you can file a retaliation charge with the Equal Employment Opportunity Commission (EEOC).

Learn more in How to File a Workplace Discrimination Complaint and Understanding the EEOC: How Federal Laws Protect You.

Step 4: Consider a Retaliation Lawsuit

If you lost wages, suffered emotional distress, or were wrongfully terminated, you may be entitled to:

Back pay and lost wages

Reinstatement or severance

Emotional distress damages

Punitive damages in extreme cases

An employment lawyer near you can help you understand your legal options and build your case.

When to Consult an Employment Lawyer

Don’t face workplace retaliation alone. You should speak with a retaliation lawyer near you if:

You were fired, demoted, or had hours cut after making a complaint

HR ignored your retaliation report

You need help filing a complaint with the EEOC or state agency

You want to file a lawsuit for damages

At ReferU.AI, we match employees with experienced attorneys who’ve successfully handled retaliation cases. Our AI-powered system finds employment lawyers near you based on your case and location.

Final Thoughts: You Have the Right to Speak Up

No employee should be punished for standing up against discrimination, harassment, or wage violations. If your employer retaliated against you for doing the right thing, don’t stay silent.

You have rights. You have legal protections. And you can take action.

At ReferU.AI, we help connect workers with the legal representation they deserve. Our attorney matchmaking tool finds top-rated employment lawyers near you, so you get support fast—and justice even faster.

Ready to fight back against retaliation? Get expert legal help today.

What to Do If Your Employer Retaliates Against You for Reporting