When Can Employers Be Penalized for Retaliating Against Employees?

 Posted on May 15, 2023 in Employment Law

Retaliation in the workplace is a serious issue that can lead to numerous legal complications for employers. Employees have certain rights, and employers may be accused of violating these rights if they penalize an employee in response to certain actions. For employers, it is important to know what types of disciplinary actions against employees are allowed and what may constitute a violation of the Fair Labor Standards Act or other laws and regulations.

What Is Retaliation?

Retaliation refers to any adverse action taken by an employer against an employee in response to protected activity. These actions may include terminating or demoting an employee, reducing an employee's hours or lowering their wages, or other types of negative treatment. An employer who is accused of retaliation may face legal action from employees or former employees, investigations by federal or state government organizations, and penalties such as the requirement to pay fines or reimburse employees for lost wages.

When Is Retaliation Prohibited?

Employers cannot penalize employees for engaging in protected activities, including:

• Reporting discrimination or harassment - If an employee makes a complaint that they are being treated unfairly due to a protected status such as race, religion, gender, sexual orientation, disability, or age, an employer cannot take adverse actions against them. Retaliation is also prohibited against employees who participate in investigations of discrimination or sexual harassment or who request accommodations for disabilities.

• Asserting employee rights - An employer cannot discipline employees for inquiring about their wages or hours, discussing wages or salaries with other employees, or contacting the Department of Labor to learn more about their rights. Employees also have the right to take leave under the Family and Medical Leave Act, and they cannot be penalized because they have taken unpaid leave for specified medical reasons or family-related issues.

• Reporting work injuries - Employees must be able to inform their employers of accidents or injuries that took place while working. If an employee reports a work injury or files a workers' compensation claim, the employer cannot terminate their employment or take other adverse actions in response.

• Reporting safety issues or violations of the law - Whistleblower protection laws ensure that employees can address any concerns about workplace conditions that could lead to injuries or other forms of harm. Employers cannot take adverse actions against employees who file complaints or who notify law enforcement agencies or other government organizations about an employer's violations of laws or regulations.

To avoid penalties for retaliation, employers should have clear policies and procedures in place to handle complaints or requests by employees, and they should encourage employees to report safety issues and workplace injuries. They should also respond promptly to reports of discrimination or harassment and take steps to protect employees from unfair treatment. Any disciplinary action taken against employees should be based on legitimate reasons, and employers can maintain documentation such as employee reviews or write-ups to help avoid potential retaliation claims.

Contact Our Illinois Employer Defense Lawyer

Employers should always be sure to follow the applicable laws and regulations when disciplining or terminating employees. To help avoid claims of retaliation, it is important for employers to follow the proper record-keeping procedures and document the reasons for taking adverse actions against employees. Employers may also need to respond to accusations of retaliation and demonstrate that an employee was disciplined for valid reasons. At The Miller Law Firm, P.C., our Schaumburg employment law attorney can provide defense for employers who are facing retaliation claims, and we can also assist in putting the proper policies and procedures in place to prevent these issues. To set up a free consultation, contact our office at 847-995-1205

Sources:

https://www.eeoc.gov/facts-about-retaliation

https://www.dol.gov/agencies/whd/retaliation

https://www.whistleblowers.gov/