Are You Being Punished For Protected Workplace Actions?

A workplace should be a space where employees feel empowered to do their jobs without the fear of unwarranted retaliation. However, recognizing the rights employees have and the actions they can take without negative repercussions is critical. These are known as protected workplace actions. Understanding these rights is essential for both employees and employers to maintain fairness and compliance with labor laws.

The employment law attorneys at Glaser Labor Law explore the various types of protected workplace actions, how retaliation is defined, the legal frameworks in place, and when to involve an attorney to ensure your rights are upheld.

What Are Protected Workplace Actions?

Protected workplace actions refer to activities where employees are legally shielded from retaliation by their employers. These actions include reporting workplace concerns, participating in legally protected activities, and asserting one’s legal rights.

For example:

  • Reporting unsafe work conditions or harassment is protected.
  • Engaging in union activities is protected.
  • Filing complaints about discrimination or wage violations is protected.

These protections exist to encourage employees to report issues or seek remedies without fear of losing their jobs, benefits, or suffering other adverse actions.

Why is this critical? Because it preserves fairness, ensures workplace rights are upheld, and helps maintain a safe, compliant work environment.

Types of Protected Workplace Actions

Understanding protected actions empowers employees to exercise their rights confidently. Below are key examples of such actions and why they matter.

1. Reporting Concerns

Coming forward about problems in the workplace is not easy, but employees are protected when they do so in certain situations, such as:

  • Discrimination and Harassment: Employees can report discrimination or harassment based on protected characteristics such as race, religion, gender (including sexual orientation or gender identity), age (40+), disability, or national origin. These reports can be made to HR, a manager, or a government agency like the EEOC.
  • Unsafe Working Conditions: Reporting unsafe or hazardous working environments to authorities like OSHA (Occupational Safety and Health Administration) is protected. Employees shouldn’t have to choose between their safety and their paycheck.
  • Whistleblowing: Employees who expose illegal or unethical practices within their company are protected under whistleblower safeguards.
  • Workers’ Compensation Claims: Filing a claim for a work-related injury or illness is a legally protected action and ensures employees receive due benefits.

2. Engaging in Protected Activities

Certain workplace activities are inherently protected to promote fairness and compliance with labor laws. Common examples include:

  • Union Activities: Union organizing, collective bargaining, and attending union meetings are fundamentally protected under labor laws.
  • Participating in Investigations: Employees involved in workplace investigations as complainants or witnesses cannot face retaliation for participating.
  • Requesting Accommodations: Whether for a disability or religious belief, reasonable accommodation requests are protected actions.
  • Refusing Unlawful Orders: Employees can refuse to carry out activities that would violate company policy or the law, and they are shielded from retaliation.

3. Asserting Legal Rights

Beyond daily workplace concerns, employees also have the right to assert broader legal protections without fear of backlash. For example:

  • Filing Lawsuits: Bringing a lawsuit against an employer for unfair treatment or legal violations is a protected action.
  • Complaining to Government Agencies: Employees can file formal complaints with agencies like the Department of Labor (DOL) or the Equal Employment Opportunity Commission (EEOC).

What Is Retaliation?

While these workplace actions are protected, retaliation by the employer remains a common issue. Retaliation occurs when an employer takes adverse actions against an employee because they exercised their rights or participated in protected activities.

Retaliation involves any punitive action that discourages an employee from exercising their rights. This can include formal measures, such as termination, or more subtle actions, like excluding an employee from important meetings.

Examples of Retaliatory Actions

Retaliation can take many forms, but some of the most common include:

  • Termination: Firing an employee as punishment is one of the clearest examples of retaliation.
  • Demotion: Stripping an employee of their position or authority in response to their protected action.
  • Harassment: Persistent and unwelcome comments, exclusion, or bullying designed to degrade or isolate the employee.
  • Denial of Benefits: Revoking or refusing promotions, bonuses, or other benefits the employee is entitled to.

Legal Protections and Remedies

Fortunately, employees are not left defenseless. A combination of federal and state laws provides protections, preventing retaliation and offering remedies for unlawful treatment.

Federal Laws Protecting Workers

  • Title VII of the Civil Rights Act of 1964: Protects workers from discrimination and harassment based on race, religion, and sex.
  • Fair Labor Standards Act (FLSA): Protects workers filing complaints about pay, overtime, or working conditions.
  • Occupational Safety and Health Act (OSHA): Protects employees reporting unsafe workplace conditions.

State Laws

State laws can enhance these protections, offering added layers of safeguarding specific to your jurisdiction. For example, California offers strong whistleblower protections and expansive anti-retaliation laws.

Remedies for Retaliation

If retaliation occurs, employees may be entitled to compensation or other remedies, including:

  • Back Pay: Compensation for wages lost due to wrongful termination or demotion.
  • Reinstatement: Returning the employee to their original position.
  • Compensatory Damages: Covering emotional distress or other harms resulting from retaliation.
  • Punitive Damages: Designed to punish the employer for particularly egregious acts of retaliation.

When to Seek Legal Assistance

If you believe you’ve been retaliated against or unfairly treated, knowing when to contact an attorney is crucial.

Signs You Should Contact an Attorney

  • You suspect your employer is retaliating against you for reporting workplace issues.
  • You’ve been denied benefits or promotions without a clear, valid reason.
  • You’ve been terminated after filing a complaint or exercising your rights.

How Glaser Labor Law Attorneys Can Help

At Glaser Labor Law, our team is dedicated to ensuring employees are treated lawfully and fairly. From addressing hostile work environments and wrongful termination to handling workplace discrimination cases, we provide comprehensive legal support to protect and fight for your rights.

If you believe your rights have been violated or suspect retaliation, Glaser Labor Law is here to help. Contact us for a consultation and make the first move toward protecting your career and future.

Glaser Labor Law
Glaser Labor Law

With deep roots in Southern California, Glaser Labor Law combines a focus on workplace rights with proven success in broader legal matters. Joel Glaser and his team bring decades of litigation experience to ensure every client receives strong, results-driven representation.