How Do I Know If I Am a Victim of Workplace Retaliation?
DuPage County Employment Discrimination Lawyers
Workplace retaliation refers to negative actions taken by an employer against an employee who reports or makes a complaint about sexual harassment, discrimination, or other violations of the law. If you were demoted or fired after reporting a problem to your employer, an experienced attorney can help you determine whether you have been a victim of retaliation.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that Illinois is an “at-will employment” state which means that employees can be fired for any lawful reason or for no reason at all. There are, however, certain situations in which an employer cannot fire you or otherwise take negative action against you. One of these situations is when you have engaged in a “protected activity.”
Under Illinois and federal labor laws, protected activities include:
- Filing a report or complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IHDR);
- Discussing concerns with a manager or supervisor about workplace discrimination, including sexual harassment;
- Participating in an investigation of alleged harassment or discrimination;
- Refusing to follow instructions that would result in discrimination; or
- Requesting reasonable accommodations for a disability or religious practice.
It is important to understand that the law offers the most protection to employees who make specific complaints, reports, or requests. This means that if sexual harassment is an issue in your workplace, you should specify in your complaint that you are being sexually harassed.
Termination of employment is just one way in which an employer could retaliate against an employee. Other forms of possible retaliation include formal or informal reprimands, artificially lowered performance evaluations, transfers to a less desirable position, increased scrutiny or expectations, and threatened or actual reports to authorities, such as in regard to an employee’s immigration status.
If you have additional questions about identifying and addressing issues of workplace retaliation, contact our office. Call 630-665-7300 for a confidential consultation. MKFM Law serves clients in Wheaton, St. Charles, Oak Brook, Naperville, Geneva and throughout DuPage County and Kane County.