Deflecting Retaliation in the Workplace

retaliation claims

Even to this day when there is an extensive collection of laws that are drafted and implemented by the federal and state governments, it is undeniable that many acts of discrimination still persist. Why is this so? The thing is laws couldn’t really be much of help if they are not implemented efficiently. Implementation plays a key role in ensuring that a piece of legislation is effective or not. Moreover, it is also important that these legal avenues are very much accessible to more people. This would make it easier for them to come forward and report the abuses they have been experiencing.

Retaliation in the workplace 

Thing is beyond that, there are also people who are not able to file and even come up with a complaint because of their fear from being retaliated. Retaliation happens when one person is fired, demotes, and harassed as a form of intimidation by one person responsible for the discriminating act. Some victims are courageous enough to go and file Retaliation claims for employment against the ones retaliating against them. However, there are some that aren’t brave enough to go against influential and powerful people in the workplace.

Laws against retaliation 

Title VII of the Civil Rights Act of 1964 not only prohibits any act of discrimination against anybody in the workplace, it also prohibits any form retaliation against a victim who files a                                                                                                                                                                                                 discrimination charge against an individual. This law has been implemented since July 2, 1964 and has paved the way for penalizing a lot of companies and officials that have fired, demoted, or harassed an employee because of his or her workplace discrimination complaint.

Steps in filing California Retaliation Claims 

  • Get all the information needed. In filing a claim, even the smallest detail about your claim can affect the outcome of the case. So make sure you supply all the information needed to help expedite the agency’s assessment of your claim.
  • Undergo Equal Employment Opportunity Commission’s (EEOC) online assessment. This tool asks you questions that will help you verify if the Retaliation claims you are filing has the best chances of winning and helps you improve your claims’ weak points.
  • Send a complete intake questionnaire that is completely filled out to the EEOC office. A completed form with all the information can help speed up the process of actually filing a claim which also boosts your chance to win your claim. 

Nobody wants to be discriminated. Moreover, nobody wants to be abused and retaliated against for standing up and fighting for your rights. However, only you alone can make these acts of abuses stop. You have a choice and you can make these things end now. If you have been a victim of any of those, have the courage to stand up against discrimination and retaliation. File the necessary Claims for Retaliation now, fight for your rights and never lose hope. In the end, you will be surprised to be able to win your claims and see all of your efforts pay off.

The EEOC: An Agency That Enforces Anti-Discrimination Laws

equal employment opportunity commission

Getting discriminated, harassed, or retaliated against in any employment situation is one of the most horrible things that can happen to an employee or a job applicant. Such instances, however, are not uncommon in most workplaces in the United States. In fact, almost every day, an applicant or an employee suffers discrimination, harassment or retaliation in any aspect of employment, and most of the time, such actions are motivated the former’s race, color, religion, sex, nation of origin, age, and disability, among other many protective characteristics.

Almost all people are aware that any discriminatory action done towards an employee or applicant is illegal under various employment and labor laws. To begin with, every employee or applicant is entitled to their rights. Employers, on the other hand, have to make sure that they promote fairness and equality in their workplaces. If an affected employee or applicant cries foul, then he or she can always air his or her grievances with his or her company’s human resources department or, if possible, the administration of the company itself. But if it fails to address the issue, then the victim of discrimination, harassment, or retaliation can always file a charge against his or her employer through the U.S. Equal Employment Opportunity Commission (EEOC).

About the EEOC

The EEOC is a federal agency responsible for enforcing U.S. anti-discrimination in employment laws. Basically, what the agency does is to investigate discrimination, harassment, and retaliation charges filed by victims against their erring employers who are covered by the laws that the agency imposes. It would review and assess the allegations as fairly as possible, and then make a finding.

If the EEOC finds that the employer in question indeed discriminated, harassed, or retaliated against the employee or applicant, then the agency will try to settle the charge. However, if it does not, the agency has the right to file a lawsuit on behalf of the victim in order to protect his or her rights and the public’s interest.

In addition, the EEOC also educated workplaces through training programs and seminars, as well as engage in monitoring and evaluation on employers who were already charged by the agency in an effort to prevent untoward incidents of discrimination from happening again. The agency makes it an effort that employers comply with the federal anti-discrimination laws that they enforce.

Some of the laws the EEOC enforces

It would be worth showcasing what the EEOC laws they enforce, so here is a list of some of them:

  • Title VII of the Civil Rights Act of 1964. This important federal law prohibits employers with 15 or more employees to discriminate against an employee or applicant in all aspects of employment on the basis of his or her race, color, religion, national origin, or sex. Retaliation is likewise illegal under the said law. 
  • Age Discrimination Act of 1967 (ADEA). Under this law, employers with 20 or more employees are prohibited from discriminating, harassing, or retaliating against older employees or applicants who are 40 years or older. 
  • Americans with Disabilities Act (ADA). Employers covered by this federal law are prohibited from discriminating, harassing, or retaliating against a qualified person with a disability in all aspects of employment. Also, the law requires covered employers with 15 or more employees to provide reasonable accommodations to individuals with disabilities, unless doing so would cause undue hardship to the businesses. 
  • Equal Pay Act (EPA). This federal law requires covered employers to pay men and women in their workforce the same amount of wages for their equal and substantial work. 

Employees and applicants who were subjected to adverse actions in employment may think that the laws that prohibit discrimination, harassment, and retaliation are straightforward. However, going after their erring employers involves complex legal processes. For them to get compensated for the actions done to them by their employers, it would necessary for them to seek immediate legal advice and representation by hiring top EEOC Lawyers.

Resource Links: http://www.employmentdiscriminationlaw.org/2013/07/eeoc-enforced-laws-mastered-by-top.html