Workplace Retaliation: What It Is and How the Law Protects Employees

Something bad happened at work after you complained about something?

That wasn’t a coincidence.

It might be retaliation — and it’s one of the most common types of unequal pay discrimination that employees face today.

The good news? Federal and state law has your back. There are laws in place specifically designed to prevent employers from retaliating against employees who speak up. You just need to know about them first.

Here’s exactly what workplace retaliation is and how the law can protect you from it.

What You’re About To Find Out…

1. What Is Workplace Retaliation?
2. What Counts as a Protected Activity?
3. Common Examples of Workplace Retaliation
4. Federal Laws That Protect Employees From Retaliation
5. How To Prove a Retaliation Claim
6. What To Do If It’s Happening To You

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer punishes an employee for performing a legally protected activity.

The punishment can take many forms — a demotion, a pay cut, a performance review out of nowhere, or termination. The key is that the employer took a negative action because an employee performed a legally protected activity.

Here’s something else to consider…

Workplace retaliation claims are the most common type of claim filed with the EEOC. Retaliation made up 47.8% of all discrimination charges filed in FY 2024.

That’s nearly half of every discrimination charge filed in the United States coming from employees who faced some form of retaliation at work.

Needless to say — this is a huge problem. Unfortunately, employees who experience unequal pay, harassment, or discrimination in the workplace are at the highest risk for retaliation from their employer.

What Counts as a Protected Activity?

Not every complaint filed with a boss is considered a “protected activity.”

There are specific activities that federal and state laws protect when it comes to the workplace. If an employee does any of the following, an employer cannot retaliate against them.

Take notice…

Protected activities include:

• Filing a complaint with HR or the EEOC about discrimination or harassment
• Reporting unequal pay/wage violations
• Participating in a workplace investigation as a witness
• Requesting reasonable accommodation for pregnancy or disability
• Refusing to carry out an illegal instruction from a manager
• Filing a workers’ comp claim
• Reporting OSHA violations

See? Pretty broad.

Employers can’t retaliate if an employee does anything on this list. Period. But that list was designed to be broad for a reason.

If employees were only protected when complaining about discrimination, harassment, or unequal pay in very specific circumstances, no one would come forward.

That’s what abusive employers bank on. That’s why the law protects so many workplace activities from retaliation.

Common Examples of Workplace Retaliation

Retaliation can come in many forms. Terminations certainly qualify, but here are some subtler examples.

Does an employer:

• Fire an employee shortly after a complaint is filed
• Demote them to a lower position without cause
• Cut pay, suddenly revoke bonuses, or freeze wages
• Give worse shifts after a complaint
• Remove an employee from meetings or team projects
• Write negative performance reviews out of nowhere
• Begin scrutinizing work that wasn’t previously an issue

If so, that employee might be a victim of workplace retaliation. Take note of when these things occur in relation to when the complaint was made.

In situations involving discrimination and unequal pay, action taken against an employee that’s directly tied to a complaint is a great starting point for a claim.

Federal Laws That Protect Employees From Retaliation

Most of the major employment laws prohibit retaliation as part of their language. When unequal pay discrimination is involved, knowing which laws cover which situations is key.

Title VII of the Civil Rights Act

Prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin.

Includes a retaliation provision that prohibits employer retaliation against employees who complain about discrimination or participate in EEOC investigations.

Equal Pay Act

Prohibits sex-based pay discrimination when men and women do the same work.

Retaliation against someone who complains about unequal pay is also illegal under this law.

Age Discrimination in Employment Act

Or ADEA. Protects workers 40 years of age and older from workplace discrimination.

Employers cannot retaliate and take negative action against a worker for complaining about age-based pay discrimination.

Americans with Disabilities Act

Employees who ask for accommodations for a disability or pregnancy are protected by this law. If they face retaliation for doing so, they can file a complaint under the ADA.

Know someone who experienced unequal pay and retaliation? An experienced Nevada EEOC Lawyer can help understand which laws were broken and what can be done about it. These situations can get complex in a hurry when multiple laws have been violated.

How To Prove a Retaliation Claim

A lot of employees think they were retaliated against. Figuring out how to prove it is where many get stuck.

Just because it feels like retaliation doesn’t mean there’s a claim. For retaliation to be illegal, three things must happen:

1. A protected activity took place
2. An adverse employment action was suffered
3. The two are connected

Employers aren’t going to leave a paper trail explicitly stating why a termination happened.

Documentation is the best tool available. Keep records of everything once there’s a problem — email conversations, dates of certain conversations, changes in treatment, etc.

All of this becomes important evidence when filing a claim. In FY 2024, the EEOC collected $697 million for discrimination victims — a record-breaking figure. Every single person on that list was courageous enough to pursue their rights.

What To Do If Workplace Retaliation Is Happening

If retaliation is happening at work, don’t wait to take action.

The sooner a case gets built, the more likely it is to succeed. With that in mind, here’s what to do.

Document everything.

Dates, times, what was said, what changes occurred, etc.

File a complaint with HR.

Do this in writing and retain a personal copy.

File an EEOC Charge of Employment Discrimination.

Employees usually have 180 – 300 days from the date of retaliation to file this claim. State law varies, so confirm which deadline applies.

Don’t quit the job.

If possible, remain employed while sorting things out.

Get a lawyer involved sooner rather than later.

A claim can be filed independently. But speaking to an attorney first means getting advice on how not to harm the case.

A lot of employees wait too long to come forward. Statutes of limitations aren’t guidelines — they’re legal requirements.

A worker rights attorney can determine whether a claim exists before the opportunity to file expires.

Closing Arguments: Know Your Rights, Exercise Them

Workplace retaliation is far more common than most employees realize.

Reporting unequal pay, harassment, or discrimination should never result in punishment. Employees are protected by federal law from retaliation — but only if they know those rights exist in the first place.

Documenting negative changes to employment, filing a charge with the EEOC in a timely manner, and working with a qualified employee rights attorney are the best ways to fight back against retaliation.

Let bad employers try to silence those who speak up at their own risk.