The federal government, as well as Ohio state law, offers a number of protections for employees against unfair employer practices. This helps create better, more safe work environments that offer higher pay and benefits than if the workplace was unregulated. Unfortunately, some employers punish employees for simply speaking out against an employer violation or misdeed. Thankfully, employer retaliation itself is prohibited under the Equal Employment Opportunity Commission (EEOC), and a qualified Dayton employment retaliation attorney can help you bring a lawsuit against an employer or prospective employer for retaliating against you. At Coffman Legal, LLC, our employment attorneys are strong advocates for employee rights, and will aggressively pursue maximum compensation for you.

What is Employer Retaliation?

One of the most important rules under the EEOC is prohibiting employers from “punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.” Retaliation is making any employment decision based on a “protected activity.” These protected activities include:

  • Filing an EEOC complaint against an employer;
  • Speaking up in any way about an EEOC violation, including serving as a witness to the violation that happened to a coworker;
  • Reporting any type of discrimination, whether the EEOC or state agency finds that discrimination took place or not;
  • Reporting harassment;
  • Requesting an accommodation for a disability;
  • Requesting an accommodation for a religious practice;
  • Refusing to follow orders that violate the law;
  • Refusing sexual advances by a coworker, supervisor, or employer;
  • Intervening to protect others from sexual advances/harassment; and
  • Talking to coworkers or managers about salary or wages to uncover potential discriminatory pay practices.
Additionally, employees are protected against retaliation for taking part in a whistleblower lawsuit, both as witnesses and plaintiffs.

Common Types of Retaliation

Workplace retaliation makes up over half of all EEOC complaints (there are 10 types of EEOC charges altogether). Any of the following employment decisions, when made by an employer as a form of retaliation, are against the law. The difficult part of a successful employer retaliation lawsuit is proving that the negative employment decision was made because of the employee’s participation in a protected activity.

  • Termination;
  • Harassment, such as being yelled at, teased or made fun of, intimidated, or physically harassed;
  • Sexual harassment;
  • Demotion, including loss of pay or benefits, as well as being taken off of important or desirable projects/tasks;
  • Exclusion from workplace happenings;
  • Being moved to a different office, building, or location;
  • Being given the least desirable tasks;
  • Denial of promotion; and
  • Increased scrutiny.

Call a Dayton Employer Retaliation Attorney Today

Retaliation may be obvious to you, but it can be exceedingly difficult to prove. Because of this, we encourage you to contact a lawyer as soon as possible so that we can quickly begin to gather evidence to support your case. By filing a lawsuit, you can recover lost pay and benefits, as well as other, possibly more significant, economic and non economic damages that were caused to you. To get started today, call our Dayton employer retaliation attorneys at Coffman Legal, LLC at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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