If you have stood up against unlawful conduct in your workplace—such as reporting discrimination, harassment, or a violation of employment law—you are engaging in a legally protected activity. Under federal and state laws, your employer cannot punish you for exercising this right. When an employer takes adverse action against an employee specifically because they engaged in a protected activity, this is known as retaliation.
It is essential to understand what constitutes a protected activity and what types of employer actions may point to unlawful retaliation.
What is a Protected Activity?
A protected activity is a fundamental element in any retaliation claim. These activities are broadly categorized into two main types:
Participation Clause: This involves participating in an employer's investigation or proceeding for an employment-related claim, such as filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Iowa Civil Rights Commission.
Opposition Clause: This includes communicating your opposition to an employment practice that you reasonably and sincerely believe is unlawful. Examples include informing a supervisor about suspected harassment, warning the employer about discriminatory actions, or refusing to participate in an illegal act.
It is important to note that your opposition must be reasonable. Even if a court ultimately finds that the employment practice you complained about was lawful, your activity is still protected as long as your belief that it was unlawful was sincere and reasonable.
Recognizing Adverse Actions that May Indicate Retaliation
The employer's response to your protected activity is the adverse action, which is the second crucial element of a retaliation claim. An adverse action is any employer-imposed change that would discourage a reasonable employee from making or supporting a charge of discrimination.
While a demotion or termination is an obvious adverse action, other subtle or unexpected employer actions can also qualify as retaliation:
Demotion or Termination: This is the most severe and easily recognizable form of adverse action.
Negative Performance Reviews: Receiving an unwarranted poor performance review shortly after engaging in a protected activity can be a sign of retaliation.
Undesirable Schedule Changes: Sudden changes to your work schedule, shift, or job assignment that make it significantly more difficult for you to perform your job.
Increased Scrutiny or Micromanagement: Being singled out for heightened and excessive monitoring immediately after making a complaint.
Transfer or Reassignment: Being transferred to a position with less opportunity for advancement, lower pay, or a much longer commute.
Exclusion from Opportunities: Being denied training, promotion opportunities, or access to essential resources that other employees receive.
The key is that the adverse action must be linked to your protected activity. If you have been treated differently after speaking up, it is a sign that you need to take action to protect your rights.
Seeking Experienced Legal Advocacy
If you are an employee in Iowa who believes you have experienced retaliation after standing up for your rights, you do not have to face this challenge alone. At Newkirk Zwagerman, P.L.C., we understand the complexities of employment law and are dedicated to advocating for individuals who have been wronged. Our mission is to provide you with the professional representation you need to fight for the justice you deserve. It's time to take action.
Contact us today to discuss your situation and explore your legal options by calling (515) 497-9409.