When employees register complaints with regulatory agencies such as OSHA—even if those complaints are ultimately found to be without merit—employers must not take any actions that would discourage such complaints. When questions of discrimination have arisen in a workplace, retaliation—or allegations of retaliation—might follow. Retaliation might also occur after employees exercise statutorily protected rights to medical leave or to reasonable accommodation for disabilities.
In legal terms, retaliation involves an adverse action against a covered individual because he or she engaged in a protected activity. A legitimate case for retaliation must satisfy each one of these terms according to the complex laws that define them.
If you’ve experienced retaliation, been accused of it, or would like advice on how to minimize the possibility that you will, contact us to discuss the factors involved in your situation.