How Do I Know If I Am a Victim of Workplace Retaliation?

DuPage County Employment Discrimination Lawyers

Employees may be subject to multiple different types of employment discrimination. They may suffer harm due to unfair treatment because of protected factors such as their race, religion, family status, sexual orientation, age, or disability. While some forms of discrimination are overt, many are more subtle, and in some cases, they may involve penalties for an employee who has engaged in protected activities. This is known as retaliation, and it may involve wrongful termination, demotions, reductions in pay, or other issues that can affect an employee's financial well-being and their overall career.

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. Your lawyer can advise you on what steps you can take to respond to retaliation, whether you may be compensated for financial losses or other problems you have experienced, and how you can protect your rights.

Legal Help With Discrimination Cases Involving 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 actions against you. One of these situations is when you have engaged in a "protected activity."

Under Illinois law 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.

Retaliatory Actions

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.

To ensure that you will be treated fairly when addressing these issues, it is important to maintain documentation of any complaints you have made to your employer, investigations of sexual harassment or other forms of discrimination, your performance reviews, and any other information that can show that you have experienced retaliation. While an employer may claim that you were terminated or penalized based on poor performance, you may be able to provide evidence to counter these claims and demonstrate that you were penalized for engaging in protected activities rather than for legitimate reasons.

Contact Our Wheaton Employment Discrimination Lawyers

If you have additional questions about identifying and addressing issues of workplace retaliation, contact our office. Call 630-665-7300 for a confidential consultation. Mirabella, Kincaid, Frederick & Mirabella, LLC serves clients in Wheaton, St. Charles, Oak Brook, Naperville, Geneva, and throughout DuPage County and Kane County.