Retaliation

Retaliation against an employee for engaging in or reporting any protected activity is prohibited under federal and state law.  Retaliation is punishment by an employer, including firing, demoting, harassing or performing any other negative workplace action, in response to an employee’s complaint of harassment or discrimination under Title VII and other federal employment laws.  While an employer in Nevada can fire an “at will” employee without cause, retaliatory action motivated by discrimination that has been reported to management is illegal.

There are generally two types of retaliation claims:

  • Opposition claims are claims by employees who are retaliated against after they complain to their employer or oppose unlawful discrimination or harassment in the workplace.
  • Participation claims are claims by employees who are retaliated against after filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or testifying, assisting or participating in any employment discrimination investigation or proceeding.

Adverse actions you should look out for after you file a complaint could include:

  • You are excluded or left out of company activities
  • You are reassigned to a different shift or department
  • You are passed over for a promotion or raise
  • Your pay or hours are cut
  • You encounter more harassment or bullying
  • You are fired from your job

Nevada has federal and state laws that prevent retaliation against an employee for reporting any workplace harassment or discrimination.  

Retaliation includes, but is not limited to, any negative action taken against an employee for filing a complaint or advocating for another employee’s complaint with the Equal Employment Opportunity Commissioner (EEOC).  Common types of retaliation claims involve an employee who alleges that he or she was harassed or discriminated against and then later punished by the employer (some examples include being fired, written up, passed up for promotion, or given harsher working conditions) for making the complaint or filing a claim.  This fear is all too common in the workplace and causes employees to endure harassment or discrimination that drastically impacts their lives.  

We are here to help.  If you believe you have been the victim of retaliation, please call or email us to set up a free, confidential consultation so that we may discuss your situation.  Immediate attention and reporting are crucial in retaliation cases in order to make the inappropriate actions cease.  Our attorneys have extensive knowledge concerning the laws prohibiting retaliation and we will work to remedy the conduct and protect your rights.

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