Discrimination laws enforced by the Equal Employment Opportunity Commission ( EEOC) make it illegal to subject employees to negative consequences associated with reporting discrimination or harassment, or participating in an investigation regarding discrimination or harassment.
It would therefore be illegal to demote, fire, refuse to promote, harass or otherwise “Retaliate” against employees.
The Discrimination laws enforced by the EEOC forbid Retaliation in any aspect of employment including pay, promotion, layoff, fringe benefits, training, job assignment, hiring, firing and any other condition of employment.
Examples Of Retaliation
An employee files a charge of discrimination with the EEOC alleging Sexual Harassment. When the company finds out about the filing of the complaint with the EEOC, the company demotes the employee and reduces her pay.
An employee files a complaint with either the Human Resources of the employer or the EEOC alleging Discrimination. The employee has a witness to the discrimination. The witness to the discrimination files a written statement to corroborate the Discrimination witnessed. In response to the filing of the statement corroborating the discrimination; the witness to the discrimination is fired, demoted, or otherwise suffers an adverse action. The witness has suffered Retaliation and now has a valid cause of action against the employer.