What Protections Do Employees Have Against Retaliation?

Legal protections against retaliation ensure that employees can report unfair work practices without fear of adverse consequences from their employer.

Key Protections Against Retaliation

• Whistleblower Protection Laws:
  • Federal Laws: Several federal laws protect whistleblowers who report violations of laws or regulations. The Whistleblower Protection Act protects federal employees, while various statutes (like the Sarbanes-Oxley Act) protect employees in specific sectors (e.g., publicly traded companies).
  • State Laws: Many states have their own whistleblower protection laws, which may offer broader protections than federal laws. These laws often protect employees who report unsafe working conditions, fraud, or discrimination.
• Title VII of the Civil Rights Act:
  • This law prohibits retaliation against employees who file complaints about discrimination or participate in investigations or lawsuits related to discrimination claims. Employees are protected when they report or oppose discriminatory practices.
• Occupational Safety and Health Act (OSHA):
  • OSHA protects employees who report unsafe working conditions or violations of workplace safety laws. Employees can file complaints with OSHA without fear of retaliation from their employer.
• Family and Medical Leave Act (FMLA):
  • Employees who take leave under the FMLA are protected from retaliation. Employers cannot penalize employees for taking time off for family or medical reasons as outlined in the Act.
• Fair Labor Standards Act (FLSA):
  • Under the FLSA, employees are protected when they file complaints about violations of wage and hour laws, such as unpaid overtime. Retaliation against employees for asserting their rights under the FLSA is prohibited.
• National Labor Relations Act (NLRA):
  • The NLRA protects employees’ rights to engage in concerted activities for mutual aid or protection. This includes reporting unfair labor practices or unsafe conditions without fear of retaliation.
• State and Local Protections:
  • Many states and municipalities have laws that protect employees from retaliation for reporting unfair practices, which may cover a broader range of complaints than federal laws.

Steps Employees Can Take If They Face Retaliation

• Document Everything: Keep detailed records of incidents of retaliation, including dates, times, witnesses, and specific events.
• Report Internally: Use internal channels (like HR) to report the retaliation. Many employers have policies and procedures in place to handle such complaints.
• File a Complaint with Regulatory Agencies: Employees can file complaints with agencies like the Equal Employment Opportunity Commission (EEOC), OSHA, or state labor boards, depending on the nature of the unfair practice reported.
• Seek Legal Counsel: Consulting with an employment attorney can help employees understand their rights and the potential remedies available.
• File a Lawsuit: If internal and agency efforts do not resolve the issue, employees may have grounds to file a lawsuit for retaliation against their employer.

Summary

Employees have various legal protections against retaliation for reporting unfair work practices, including whistleblower protections, Title VII, OSHA, FMLA, and the NLRA. Employees can document incidents, report internally, and seek legal counsel if they face retaliation.