What Is Workplace Retaliation And How To Address It
It happens all the time.
In small family-owned businesses and the largest corporations.
An employee speaks up about something at work and gets unfairly punished.
If you’re experiencing this in your workplace, here’s the first thing to know: You’re not alone. Across thousands of people who reach out to Empower Work, we see the concerns, fears, and frustrations of retaliation.* It’s real.
In fact, 45% of all complaints filed with the Equal Employment Opportunity Commission (EEOC) are retaliation claims. Some employees decide to report, some don’t feel comfortable doing so.
Both reactions are OK.
Retaliation can come in a lot of forms. It’s often driven by a human reaction to respond to a perceived offense. It’s normal to feel hurt, minimized, and harmed by retaliatory behavior.
Retaliation has both human and legal components.
And retaliation can come from different places. While 50-70% of retaliation cases are committed by supervisors, peers engage in their fair share of retaliatory actions as well. While coworkers may not have as much, or any, influence over pay, promotions, or discipline, they may bully, demean, or otherwise harm those who speak out.
Just because retaliation is common doesn’t mean it’s ok, or that you’re helpless in the workplace. There’s a lot you can do to spot, document, and address workplace retaliation. Let’s dig into some of your options.
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What is workplace retaliation?
If your employer is punishing you for filing a harassment claim, participating in an investigation, or otherwise exercising your rights in the workplace, that’s retaliation.*
Here’s a short list of what retaliation looks like:
Your manager makes things so intolerable, it pushes you to quit (“constructive dismissal”)
You’re fired
You get demoted
You get reprimanded
You’re given low performance reviews
You’re given unfavorable duties, hours, or tasks
You’re targeted or bullied
Unfortunately in workplaces too often what feels unfair isn't unlawful. Here are key differences between unfair and unlawful responses to an employee raising concerns:
Unfair
"I was fired for voicing my opinion about new sales approaches that I didn't think would be successful."
“My manager wants me to share every minor task with them and micro-managing everything I do. They started doing this after our store got reviewed for performance and I suggested improvements.”
Unlawful (Retaliation)
“I was fired because I made a complaint to HR about the overtime that wasn’t included in my last paycheck.”
“I suddenly had my hours moved to the overnight shift without any communication - which I can’t do with my kids - after I reported seeing a coworker being harassed by our manager.”
To meet the legal definition of retaliation, certain criteria must be met.
Here are some legally-protected actions employees should be able to take without fear of retaliation:
Ask about wages (to ensure fair compensation)
Report harassment or discrimination
Resisting sexual advances, or stopping others
Request accommodations for disability or religion
File an EEOC claim
Respond to questions during an internal investigation
The list goes on. There are many other legally-protected activities for which employees should feel protected from retaliation or retribution.
The bottom line: any negative action or punishment following a legally-protected activity is retaliation.
You (and your coworkers) should never be punished for standing up for yourself and other employees.
How to respond to retaliation at work
However you respond to retaliation is a deeply personal choice.
Addressing workplace retaliation can look different depending on the context:
You may decide to leave because you don’t like the culture that’s driving these retaliatory behaviors.
You may decide to take action by reporting.
You may decide to stay in your job.
Considerations like your financial security, sense of values, family needs, and more can influence what you choose. Figure out what’s most important to you as you decide how to proceed.
The Workplace Bullying Institute estimates that roughly 40% of workers remain in their jobs (despite ongoing retaliation) due to economic concerns.
Many push through to oppose unfair policies in their workplaces because they hold fairness and justice as a strong value - that makes sense. It can also take a toll.
If you’re experiencing retaliation in the workplace or see it happening to others, there’s a lot you can do to address the situation:
Educate yourself on the EEOC guidance about workplace retaliation
Check your employee handbook for an existing anti-retaliation policy
Report the retaliatory conduct to your supervisor, manager, or HR
Ask HR, your manager, or your employer how anti-retaliation policies are being enforced
Ask how managers and supervisors are being trained to respond to workplace concerns
Talk to fellow employees about their experiences raising issues in the workplace
Consult with an attorney
If your workplace hasn’t put in place the right policies and procedures to ensure that no employee faces retaliation, that’s on your employer, not you.
Retaliation in the workplace can feel deeply hurtful, frustrating, and angering. Rightly so.
Everyone deserves to work in an environment that respects, values, and treats them well. You deserve to be heard.
Across thousands of conversations Empower Work has supported, it can be easy to start questioning what’s normal, second-guess yourself, or even blame yourself when you’re experiencing retaliatory or demeaning actions.
Remember that retaliation is not OK. It’s wrong for anyone to face this kind of unfair or unlawful behavior.
*Note: Empower Work provides non-legal support for workplaces challenges. This information, while authoritative, is not legal advice or guaranteed for legality. Employment laws and regulations vary by state. We recommend consulting with state resources for specific interpretation and decisions. If you believe you were retaliated against in violation of the law, we recommend you seek legal advice.
“Everyone needs someone they can talk to in a moment.”
You’re not alone.
If you’re frustrated, hurt, or wondering what to do about feeling retaliated against, free, confidential support is just a text away: 510-674-1414.
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