Both Ohio and the federal government offer protections for employees against unfair labor practices. The intention behind these protections is to provide a workplace environment that is safe for employees. If an employee’s actions are protected by Ohio or federal law, and their employer decides to punish them for that action—also known as retaliation—then the employer can be held accountable. Employer retaliation was made illegal thanks to Title VII of the 1964 Civil Right Act. If you believe your employer has retaliated against you, you can work with a qualified Toledo employment retaliation attorney to help seek justice and maximum compensation.

Protected Activities That an Employer Cannot Retaliate Based On

According to the U.S. Department of Labor, an employee engages in a protected activity when they oppose a practice they deem to be discriminatory; participate in an employment discrimination proceeding; or engage in another protected activity. Other protected activities include:

  • Requesting an accommodation to practice religion;
  • Refusing to follow directions that violate the law;
  • Requesting an accommodation for a disability;
  • Reporting harassment;
  • Refusing sexual advances by any other party in the work environment;
  • Protecting other employees from sexual advances or harassment;
  • Reporting any violations to the EEOC or state agency;
  • Talking to other employees about wages or salary to determine if discrimination is occurring with compensation; and
  • Participating in a whistleblower lawsuit.
Applicants to jobs are also protected in the same way employees are. Similarly, individuals who have a close association with a person who engaged in a protected activity cannot be retaliated against. For example, if both spouses work in the same office and one reported sexual harassment, the other spouse cannot be retaliated against by the employer as a way of getting even.

Examples of Employer Retaliation

The Equal Employment Opportunity Commission (EEOC), which enforces federal laws involving discrimination, reported 39,110 charges of workplace retaliation in 2019. Some example of employer retaliation include:

  • Sexual harassment;
  • Termination;
  • Physically or psychological bullying;
  • Demotion or even moving a person off important tasks while keeping their pay equivalent;
  • Exclusion from workplace events;
  • Isolating an employee in a different building, office, or location;
  • Denying a promotion;
  • Being given the undesirable tasks of the office; and
  • More.
Retaliation laws do not protect an already poor performer from being fired, demoted, or otherwise disciplined. If an employer has records and documentation to show that the employee was already having performance concerns, their actions will not be seen as retaliation.

Call a Toledo Employer Retaliation Attorney Today

Retaliation, while it may seem blatantly obvious at the time, can be challenging to prove. The best course of action to take if you believe your employer has engaged in retaliation is to work with a skilled Toledo lawyer. The Toledo employer retaliation attorneys at Coffman Legal, LLC will work alongside you to collect evidence that will create a solid case. Filing a lawsuit will allow you to recover any lost wages or benefits as well as other damages that you may have sustained as a result of the incident. To learn more about how we can support you, contact our offices at 614-949-1181 to schedule a free consultation.

Contact Coffman Legal Today

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