Retaliation in the workplace is a serious issue that can negatively affect morale and feelings of safety in employees. Not to mention it can lead to significant legal consequences for employers. In Georgia, various laws and regulations act as legal protections against retaliation in the workplace. Understanding these laws and your rights as an employee is crucial. If you believe you have experienced retaliation, do not hesitate to contact an Atlanta employment retaliation attorney for skilled legal advice and representation.
What is Retaliation?
Retaliation occurs when an employer fires or takes any adverse action against an employee for engaging in legally protected activities. These protected activities may include filing a complaint about discrimination, reporting unsafe working conditions, reporting sexual harassment, etc. Retaliation can come in the form of firing, demoting, harassment, and negative changes in responsibilities. It is intended to be a punishment for the employee.
Retaliation could come in the form of an employer’s adverse actions against an employee due to:
- Filing a report about discrimination
- Reporting fraudulent business practices
- Declining sexual advances
- Requesting a reasonable accommodation for religious reasons
- Reporting environmentally detrimental practices
An employee is within their rights to participate in the above activities. However, if an employer begins to act negatively toward them as a result, they are retaliating and can be held liable.
What Legal Protections Protect Employees from Retaliation in the Workplace?
Georgia abides by several federal laws that are designed to protect employees against workplace retaliation. Consider the following legal protections.
- Whistleblower Protection Act: One of the most notable legal protections is whistleblower laws. These statutes protect federal employees from retaliation for making protected disclosures or “blowing the whistle” on illegal, immoral, wasteful, or fraudulent practices.
- Civil Rights Act of 1964: Title VII of the Civil Rights Act establishes that it is illegal to discriminate based on race, color, religion, sex, national origin, etc. in the workplace. The same law makes it illegal for an employer to retaliate against an employee who files a discrimination complaint or participates in an investigation.
- Americans With Disabilities Act: The ADA protects employees from retaliation for requesting accommodations or participating in any activity that they have the right to, in terms of their disability.
- Family and Medical Leave Act: The FMLA provides certain employees with up to 12 weeks of unpaid job-protected leave in a 12-month period. The act also establishes legal protections against retaliation by employers against an employee who requests to take this type of leave.
The EEOC (Equal Employment Opportunity Commission) enforces the above legal protections against retaliation in the workplace. All employees deserve to feel safe and protected at their jobs, unburdened by fear of retaliation for legal activities.
If you have been the victim of workplace retaliation and feel like your rights have been violated, it is crucial that you fight back. Reach out to an experienced employment attorney at Ben Barrett Law to learn more about your legal options moving forward.
