Employers cannot legally fire, demote, harass, or otherwise retaliate against employees who report discrimination in the workplace. Yet many workers face exactly these consequences after standing up for their rights. At Herman Law Group, we see this troubling pattern regularly: dedicated employees who voiced concerns about discrimination, only to face swift and severe workplace retaliation.

When employers retaliate against workers who report discrimination, they violate both federal and state laws. These laws exist to protect employees who take the brave step of speaking up against unfair treatment. No one should suffer punishment for reporting discrimination based on age, race, gender, religion, disability, national origin, or other protected characteristics.

Attorney Louise Herman has decades of experience fighting for workers’ rights and holding employers accountable for unlawful retaliation. If you believe your employer has retaliated against you for reporting discrimination, we encourage you to reach out to Herman Law Group for a confidential initial consultation. 

Understanding Protected Activities

Federal and state laws shield workers from retaliation when they engage in “protected activities” related to workplace discrimination. Such activities include:

  • Internal complaints – Making a complaint to your supervisor, manager, or HR department about discrimination you have experienced or witnessed
  • External reports – Filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or state agencies
  • Supporting others’ claims – Serving as a witness in a discrimination investigation or lawsuit, or helping a coworker report discrimination
  • Resisting discrimination – Refusing to follow discriminatory orders or opposing discriminatory practices
  • Requesting accommodations – Asking for reasonable accommodations for disabilities or religious practices

The protection against retaliation applies even if the underlying discrimination claim is ultimately not proven. As long as you made the complaint in good faith, believing discrimination occurred, your employer cannot legally retaliate against you for speaking up.

Recognizing Signs of Retaliation

After reporting discrimination, workers should stay alert for retaliatory actions. While some forms of retaliation are obvious, like termination or demotion, others can be more subtle. Here are common signs that your employer may be retaliating against you:

  • Sudden negative reviews – Receiving poor performance evaluations after a history of positive reviews
  • Schedule changes – Being assigned to less desirable shifts or having your hours reduced
  • Exclusion – Getting left out of meetings, training sessions, or work-related social events
  • Pay reductions – Having your salary cut or losing access to overtime opportunities
  • Job duty changes – Being stripped of important responsibilities or assigned to less desirable tasks
  • Increased scrutiny – Facing excessive monitoring, criticism, or write-ups for minor issues
  • Hostile treatment – Experiencing harassment, intimidation, or a hostile work environment
  • Denied opportunities – Being passed over for promotions, raises, or professional development
  • Transfer or reassignment – Getting moved to a different department, location, or role against your wishes
  • Constructive discharge – Facing such intolerable working conditions that you feel forced to quit

Legal Protections Against Retaliation

Federal and state laws provide strong protections for workers who report discrimination. These laws give you the right to pursue legal action if your employer retaliates against you.

  • Federal Protections – Title VII of the Civil Rights Act prohibits retaliation nationwide. The Equal Employment Opportunity Commission (EEOC) enforces this law, which covers employers with 15 or more employees.
  • State Protections – Rhode Island, Massachusetts, and New York have their own anti-retaliation laws that often provide additional protections beyond federal law. These state laws may cover smaller employers and offer longer filing deadlines.

To pursue a retaliation claim, you must show three key elements:

  • You engaged in protected activity by reporting discrimination 
  • Your employer took adverse action against you 
  • There is a connection between your protected activity and the adverse action

While employers may try to justify their actions with false performance issues or business reasons, an experienced employment lawyer can help expose retaliatory motives. At Herman Law Group, we know how to gather evidence, interview witnesses, and build strong retaliation cases.

How Herman Law Group Can Help

Attorney Louise Herman has over two decades of experience handling workplace retaliation cases. She understands both the legal and emotional challenges you face, and she can provide you with both the compassion and tenacity you need at this challenging moment.

When you work with Herman Law Group, you can expect us to:

  • Document your case – We can help you gather and preserve evidence of retaliation and interview witnesses to strengthen your case.
  • Meet filing deadlines – Our knowledge of state and federal laws mean we can file complaints with the appropriate agencies within required timeframes.
  • Protect your rights – We will handle all communication with your employer and their attorneys so you do not have to face further intimidation.
  • Fight for you – We will pursue all available legal remedies to hold your employer accountable and seek the outcome you deserve.

Attorney Herman has successfully represented numerous workers in retaliation cases, from engineers challenging gender discrimination to healthcare workers who reported patient safety concerns. She understands that speaking up against discrimination takes courage, and employers who retaliate must be held accountable. The bravery of her clients inspires her to continue fighting for their rights.

Act Now to Assert Your Rights

No one should suffer punishment for standing up against discrimination. If you have faced retaliation for reporting workplace discrimination, you might feel anxious about the implications for every aspect of your life. It is crucial to remember that you have legal options, but time is of the essence. Legal deadlines may apply, and evidence becomes harder to gather as time passes. 

Herman Law Group offers confidential consultations to discuss your situation and explain your legal options. With offices in East Providence, we represent workers throughout Rhode Island, Massachusetts, New York, and nationwide who have experienced workplace retaliation. Let us put our experience and dedication to work for you.