Retaliation in the workplace: How companies can prevent it and what employees can do if it happens

Awareness against retaliation

Are you a victim or retaliation or have you observed it happening in your workplace? Let’s explore some facts that you should know in order to handle it. 

Our mission at Project WHEN (Workplace Harassment Ends Now) is to elevate awareness to eliminate harassment and create more respectful workplaces. This post on retaliation is part of our series of pages educating the public about various types of workplace harassment, how employers can prevent it, and employees’ rights under the law. 

What is retaliation?

Retaliation by an employer pertains to the act of treating applicants, employees, or former employees unfavorably or making adverse employment decisions because the victim took part in protected activities under the law. These activities include opposing discriminatory employment practices, reporting or filing a discrimination charge, and participating in legal proceedings or investigations related to workplace discrimination.

In this post, we’ll touch on real examples of retaliation, the laws offering protection from retaliation, and the recourse victims have under the law. Importantly, we’ll also cover what employers can do to prevent it from occurring in the workplace, along with delving into what companies should do to address retaliation claims. You’ll also find a number of resources we feel are helpful for those dealing with this problem.

Examples of Workplace Retaliation

As reported by the Equal Employment Opportunity Commission (EEOC), some of the most recent cases of retaliation involved employers paying out thousands of dollars to settle discrimination and retaliation lawsuits. And while cases in the news tend to be salacious scandals from large, well-known corporations, smaller employers are no less at risk of being penalized for retaliating against employees who have acted within their rights under the law.

In one case, a female welder who worked at Moore & Morford, Inc. received harsher treatment from her foreman after she had reported to the company’s owners that her male co-workers were harassing her because of her sex. This prompted her to file a charge of discrimination with the EEOC. However, when the owners learned about this activity, the female welder faced retaliation and was fired by the company. Since a violation of Title VII of the Civil Rights Act of 1964 has occurred, the federal court ordered Moore & Morford to pay $80,000 to the female welder.

Former employees may also experience retribution for complaining about discrimination in companies they have worked for. In another retaliation lawsuit, Stan Koch & Sons Trucking, Inc. was required to pay $165,000, among other penalties, to settle the suit filed by the EEOC. The transportation company based in Minnesota violated Title VII when it had refused to rehire a former employee for filing a discrimination charge with the EEOC before.

These cases illustrate some examples of adverse actions that employers commit against victims who are actively opposing workplace discrimination. These adverse actions have “a chilling effect that deters employees from coming forward to assert their rights,” as stated by the EEOC’s Chicago district director, Julianne Bowman.

Statistics on retaliation

In a recent press release, the EEOC reported that retaliation continues to be the most frequently reported basis of discrimination. In fiscal year 2019, the federal agency received a total of 72,675 charge receipts and 53.8% of this figure are receipts that included claims of retaliation.

Moreover, as shown in real cases in the previous section, retaliation is costly. According to EEOC statistics, employers paid out over $205M in fines and settlements for retaliation in 2019, the highest record in the last decade.

Employers may think that their actions do not have serious consequences and victims may not have a clear understanding of protections available to them. Awareness is of utmost importance, first and foremost, in these situations. Read on to explore what laws protect you from it, as well as key actions to take by both companies and victims in dealing with this type of discrimination.

Retaliation laws

Federal law

Federal laws that make it unlawful to discriminate against applicants and employees based on age, disability, race, color, sex, religion, national origin and genetic information also make retaliation illegal. These laws offers protection to individuals who want to act against discrimination in the workplace. 

Some of the laws that have provisions against retaliation are Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 (ADEA), Americans with Disabilities Act of 1990 (ADA), Family and Medical Leave Act of 1993 (FMLA), Equal Pay Act (EPA), Genetic Information Nondiscrimination Act of 2008 (GINA), Immigration Reform and Control Act of 1986 (IRCA), among others. 

To prove a claim of retaliation, evidence must show that the employer’s adverse action might discourage the victim from opposing acts of discrimination or participating in legal proceedings involving a discrimination claim. Even if the said action does not actually stop the victim from participating in a protected activity, the case can be identified as retaliation if the employer’s action “deters” the employees will to assert his/her rights.

Who is covered by laws about retaliation? The legal requirements under Title VII and ADA apply to employers with 15 or more employees. ADEA covers employers with 20 or more employees, while virtually all employers are covered under EPA. Protections offered by laws against retaliation apply to applicants, current employees, and former employees of any employer, employment agency, or labor organization that are covered by laws enforced by the EEOC.

Below is an excerpt from Title VII of the Civil Rights Act pertaining to prohibition against retaliation.

State Law

Some states have laws that protect individuals from retaliation. The best way to learn more about additional protections you can receive locally is to refer to your state’s department of labor website. Our guide on reporting incidents of workplace harassment links to each state’s DOL website, as well as some of the regional and city organizations, for those in more populous areas.

Recourse for victims of retaliation

Many employees end up not reporting discrimination cases for fear of retribution, but it is important to know that you have the right to act against harassment at work. You may have reported a harassment incident to your company’s HR, manager, or executives, and your complaint has fallen on deaf ears or you have received worse treatment after complaining. You may also have initiated a filing process with government agencies and started to feel like you are being punished when your employer found out about it.

When you start to observe signs of retaliation, one of your options is to consult legal counsel or an employment lawyer. These professionals can help you evaluate the case and provide valuable advice regarding your claims.

A best next step could also be filing a charge either through your state administrative agency or the EEOC, a federal agency that enforces federal laws related to harassment and discrimination in the workplace. You are not required to speak with an attorney before approaching a government agency to discuss your situation; these entities are in place to protect your rights as an employee and are typically willing to give guidance on suggested next steps for you as a victim.

To know about the process of reporting retaliation cases, refer to our full guide on How to Report Workplace Harassment Incidents. This article provides a comprehensive list of state resources and local EEOC offices. You can also head directly to the EEOC’s page on How to File a Charge of Employment Discrimination.

What can companies do to prevent retaliation?

Companies have the responsibility to prevent discrimination and retaliation from transpiring in the workplace. With the right mix of properly enforced policies and a holistic examination of business processes and culture, developing a respectful work environment is a possibility for any organization.  

To prevent retaliation, companies must exhibit willingness to acknowledge complaints and concerns from employees and execute necessary actions to stop discrimination. If you are passionate about ensuring the safety of employees from the different manifestations of discrimination, consider getting your company involved with Project WHEN (Workplace Harassment Ends Now). 

As a first step, we’d ask you to sign our Pledge of Commitment to demonstrate your commitment to creating a respectful, harassment-free workplace for your employees.

For a holistic and structured approach to living out your commitment, we would encourage you to enroll in the WHEN™ Organizational Certification program. In this program, we will guide you through a step-by-step process of preventing all types of workplace harassment. This certification will also serve as a powerful statement to both internal and external audiences about your commitment to making your workplace a safe space for everyone. The Employee Culture Pulse Survey, which is also offered as a standalone service, will be administered to employees in the first phase of this program. The actionable data gained from this survey will allow you to identify challenges in your fight against workplace harassment and strategize your path to improvement.

What should companies do when retaliation happens?

Acts of discrimination happen when companies lack understanding of requirements set forth by the law and implementation of preventive measures. When tell-tale signs of hostility are observed within the organization, it is time to start dismantling it by engaging in meaningful conversations and breaking the status quo. 

If you are ready to begin discussions on creating a more respectful work environment, we can facilitate a Project WHEN Roundtable. This event can help attendees identify challenges present in their current working conditions and gain insight on the best action steps to eliminate traces of discrimination in the workplace.

If you are an individual who thinks that it is time to see change happening in your company, let your employer know about this and ask for a facilitated discussion to take place.

Remember, the problem of retaliation will not solve itself. It is important for everyone to develop heightened awareness of what they can do to make a difference. Change will only take place if people within the workplace take the initiative to address issues, no matter how uncomfortable it may be.

Additional resources and recommended readings

For more information about retaliation, we’ve rounded up some resources that you can consult and find below. 

• Retaliation | U.S. Equal Employment Opportunity Commission
• Questions and Answers: Enforcement Guidance on Retaliation and Related Issues
• Small Business Fact Sheet: Retaliation and Related Issues
• Retaliation – Making it Personal
• Recommended Practices for Anti-Retaliation Programs – OSHA

End retaliation now

Nobody should have to face retaliation or any form of discrimination, for that matter. Project WHEN is a 501(c)(3) nonprofit organization working hard to make workplaces more respectful for everyone. Elevating awareness to prevent workplace harassment from taking place is what runs at the core of our organization.

Whether you’d like to make a financial contribution to support our work, sign the Project WHEN Pledge of Commitment, have your employer host a Project WHEN event, or just join our mailing list to learn of volunteer opportunities, everyone can get involved with Project WHEN!

Examples of Retaliation in Various Industries

Retaliation is a prevalent issue that happens in different workplace settings. Here are some examples of the retaliation issues the workplace is currently facing:

Retaliation at Long John Silver – 03/22/2022

Allegations of sexual harassment and retaliation at Long John Silver’s restaurant in Illinois led to a settlement of $200,000 and a two-year consent decree. Two managers of the restaurant allegedly made lewd comments, sent sexually implicit messages, and made inappropriate physical contact with a teenage employee. The restaurant is required to institute harassment prevention policies and to deliver training relating to Title VII’s ban on sexual harassment and retaliation, in addition to settling the fees.

Retaliation at Kentucky State University – 3/4/2022

Xavier Dillard has prevailed in his lawsuit against Kentucky State University (KSU). A jury unanimously ruled in Dillard’s favor, supporting his claim that when KSU fired him in 2018, he should have been protected by the state whistleblower law. During his time at KSU, a student informed him that Justin Mathis, the former director of admissions, had sexually harassed them. Dillard allegedly informed the board of this incident, but nothing changed. Later that day, he was fired by KSU. Dillard will receive approximately $161,500 in lost wages and $200,000 in emotional distress and damages.

Retaliation at Fox News – 2/17/2022

Melissa Francis’ gender discrimination and retaliation accusations have been investigated by the New York State Department of Labor. Francis left Fox News due to a wage dispute. Fox News representative declined to comment on the investigation. New York’s labor department is investigating Fox News. The news comes only months after the network reached a settlement with the New York City Human Rights Commission.

Retaliation at Arizona State University – 1/22/2022

Former Arizona State University women’s lacrosse coach Courtney Connor is suing the university and the Arizona Board of Regents with claims of unlawful termination as a result of her reports of Title IX violations against the sports department. According to Connor’s lawsuit, her supervisors, including former ASU assistant athletics director Scottie Graham, expressed outrage about her reports of gender inequity inside the athletics department. Connor asserts that the athletic department subsequently created a hostile work environment for her and exacerbated gender inequities.

Retaliation at Harvard University – 1/21/2022

John L. Comaroff, a professor of anthropology and African and African-American studies at Harvard University, was placed on unpaid administrative leave following an investigation into allegations that he violated the university’s sexual harassment and professional behavior policies. Comaroff was placed on paid administrative leave in August 2020 following a Crimson investigation that discovered at least three female students had contacted the University’s Title IX Office regarding allegations of unwanted touching, verbal sexual harassment, and professional retaliation against Comaroff.

Retaliation at Purdue University  – 1/14/2022

The Indiana Northern District Court denied Purdue University’s motions for summary judgment and will face the lawsuit brought by two former students alleging infringement of their rights after the university retaliated following their reports of alleged assault instances. A status conference is scheduled for Feb. 10.

Retaliation at IATSE Local 80 – 12/13/2021

Thom Davis, the business manager of IATSE Local 80, has been accused with concealing “lewd sexual misconduct.” The allegation is contained in a wrongful termination complaint filed by Michael Mendez, the local’s former assistant business representative, who alleges he was fired in February while on Covid sick leave for complaining about alleged sexual harassment.

Retaliation at Florida Memorial University – 11/19/2021

Wendy Ellis, who served as Florida Memorial University’s Director of Community Engagement and Partnership Development from October 2019 to October 2020, filed a complaint in Miami-Dade circuit court on November 11 after alleging that FMU president, Jaffus Hardrick, wrongfully fired her after she raised concerns about sexual allegations she made against Ernest T. Jones, the university’s then-athletic director. FMU has declined to comment on pending litigation per school policy.

Retaliation at Kern Community College – 11/3/2021

Kern Community College District’s former public safety director is suing for alleged harassment, discrimination, and retaliation after employees falsely accused him of having workplace romances. Christopher Counts’ lawsuit also claimed that the district set him up for failure by refusing to fill assistant positions despite funding, cutting his pay, and reprimanding him without cause. The district declined to comment on matters involving ongoing litigation.

Retaliation at Apple – 11/2/2021

Janneke Parrish, a former Apple employee who was fired after raising concerns about the company’s treatment of its workers through a movement dubbed #AppleToo, submitted allegations to the National Labor Relations Board, scrutinizing the iPhone maker’s labor practices, claiming that the company has not done enough to stop harassment in its workplace.

Retaliation at Cascade Investments – 10/18/2021

Michal Larson, Bill Gates’ wealth manager, allegedly harassed his employees. Some employees claim he showed nude images of women on the internet and made multiple sexually inappropriate comments to female colleagues. He also insulted a Black employee and retaliated against his employees. Larson denied the allegations.

Retaliation at San Jose State University – 9/22/2021

After a sexual harassment investigation, the Department of Justice ordered San Jose State University to pay $1.6 million to student-athletes. According to the DOJ investigation, SJSU failed to respond to the athletes’ harassment claims. Additionally, the department discovered that SJSU retaliated against two employees who attempted to alert the university of the trainer’s inappropriate behavior. SJSU issued an apology letter to the victims.

Retaliation at ABC News – 9/20/2021

In an amended lawsuit by “Good Morning America” producer Kirstyn Crawford, Former ABC News president Ben Sherwood was accused of “creepy,” “sexually harassing” behavior toward women during his time running the company. The suit further discusses that due to Crawford speaking out about the alleged behavior, the network retaliated and denied her a contract extension. The network has denied the claims on retaliation.

Retaliation at University of Texas Dallas- 9/9/2021

A former University of Texas lecturer’s sexual harassment and retaliation suit was dismissed. According to the Texas appellate court, the lecturer was unable to prove that the university retaliated against him after he accused his supervisor of sexually harassing his research assistant.

Retaliation at Los Angeles Police Department – 8/27/2021

After complaining about sexual and gender harassment he witnessed, a bisexual LAPD officer claims that he faced backlash for reporting the incidents and was further mistreated due to his sexual orientation. In a lawsuit filed against the city, the plaintiff details his experiences of being retaliated against and harassed because of his bisexuality.

Alleged Retaliation at California Department of Corrections – 8/11/2021

After Governor Noem fired some employees from the Department of Corrections, one of the ex-employees claimed that she was fired in retaliation. Stefany Bewak has submitted a complaint to the EEOC alleging that she was fired for reporting sexual harassment on behalf of another female employee. Noem’s party has denied the allegations.

Retaliation at a Mexican-Style Fast-food Chain – 8/9/2021

The EEOC filed a lawsuit against a Mexican-style fast-food chain on behalf of a female service manager who was the target of a male crew member’s sexual remarks about her body and inappropriate touching on multiple instances. The settlement for the lawsuit includes $70,000 in damages and other legal requirements.

Retaliation at Bill Miller-Bar-B-Q – 8/1/2021

In late 2017, 18-year Bill Miller-Bar-B-Q employee, an area manager was fired after Joseph Sifuentes directed a female restaurant manager to report to their HR Department a sexual harassment incident she experienced with the area manager. After that, Sifuentes faced retaliation from his boss who was friends with the former area manager. Sifuentes filed suit and was awarded nearly $700,000.

Retaliation at Chipotle Services LLC – 7/30/2021

Chipotle Services LLC faced a lawsuit alleging that the fast-food chain subjected a female manager to a sexually hostile work environment, then fired her for complaining about it. To resolve the suit, the company agreed to pay $70,000 to the victim.

Retaliation at Maine Department of Corrections – 7/14/2021

The Maine Department of Corrections is facing a civil lawsuit filed by Autumn Dinsmore, a correctional officer. Dinsmore alleges that she was subjected to sex and sexual orientation discrimination, harassment, and retaliation, along with other correctional officers. The department has refused to comment as the case is ongoing.

Retaliation at Linfield University – 7/13/2021

In May 2021, a New York Times reported that Dr. Pollack-Pelzner, a tenured professor at Linfield University who spoke out about sexual misconduct cases happening in the campus, was fired by the university. In this video interview, the professor, who calls himself a whistleblower, states that he will be moving forward with a lawsuit against the university.

Retaliation at New Bedford Police Department – 7/13/2021

New Bedford and its high-ranking police officers are facing another lawsuit filed by another officer alleging retaliation and discrimination based on sexual orientation. Plaintiff Bryan Oliveira claims that a detective made derogatory slurs at him while his superiors did not address the incidents and even reprimanded him for standing up for himself.

Retaliation at Arizona State University – 7/12/2021

In 2019, former senior associate athletics director Steven Cohen was dismissed for insisting that Arizona State University investigate the sexual harassment allegations made by three women against ASU booster Bart Wear. Cohen is filing a lawsuit alleging that his dismissal was “clear retaliation.”

Retaliation at American University of Health Sciences – 6/22/2021

Two former professors at American University of Health Sciences claim that they were wrongfully fired for investigating students’ sexual harassment allegations against the school’s founder. The professors took the nursing school to trial by filing a lawsuit against it.

Alleged Retaliation at LSU Shreveport – 6/17/2021

Chancellor Ghali E. Ghali has several complaints against him after allegedly retaliating against whistleblowers on sexual harassment claims from students. Due to the allegations, Ghali was removed as chancellor but was immediately reinstated. However, Ghali resigned a day after his reinstatement despite firmly denying the allegations made against him.

Retaliation at In-N-Out Burger – 6/11/2021

In-N-Out Burger is facing a lawsuit alleging that it shorted workers on pay, failed to address incidents of sexual harassment and retaliated against employees when they complained of inadequate COVID-19 protections. The lawsuit was filed by a former In-N-Out employee on behalf of himself and other victims.

Retaliation at Louisiana State University – 6/7/2021

LSU Associate Athletic Director Sharon Lewis has filed two lawsuits against the university and several of its current and former administrators and board members. The lawsuits allege that she was subjected to years of retaliation and sexual harassment by former head football coach Les Miles. Aside from these lawsuits, the university is also under investigation for other scandals.

Retaliation at West Chester Police Department – 6/5/2021

Jamie Hensley and Joe Gutman, former captains from West Chester Police Department, filed a federal lawsuit against the township, police department, police chief, three trustees, and a private attorney. The suit claims that the two former captains were retaliated against and defamed after the township released an investigation report stating that their complaints against Police Chief Joel Herzog are baseless. Hensley and Gutman countered such report by requesting jury trial and judgment.

Retaliation at Union City Police Department – 5/23/2021

Union City police officer Samantha Martinez has filed a lawsuit against the police department and a superior lieutenant alleging that she was sexually harassed and retaliated against after reporting the incidents. Martinez seeks compensation for emotional distress, lost benefits and promotional opportunities.