Workplace discrimination can take many different forms. Some workers find that they are unable to thrive in their workplace because they are discriminated against due to disability, age or race. However, the most common form of workplace discrimination is due to retaliation after an employee takes a certain course of action.
The Equal Employment Opportunity Commission (EEOC) reported in 2018 that 51.6% of all discrimination charges filed cited retaliation as the type of discrimination experienced. If you believe that you have suffered discrimination through being retaliated against in the workplace, you should understand how you can take action to make a successful claim.
What type of behavior constitutes retaliation?
If an employee has made a report of unlawful or potentially unlawful behavior, or if they have participated in an investigation following a report of unlawful behavior, they are legally protected from being punished by their employer.
If an employer learns that an employee has made a complaint or participated in an investigation, they may become angry, since the investigation may impact the success of their business. They may want to take action to fire, demote or otherwise punish the employee. Any negative action taken by the employer due to the complaint or participation constitutes retaliation, and this should never be tolerated.
How can I prove that I have been retaliated against in the workplace in Missouri?
First, you must be able to show that you were involved in a protected activity by giving evidence of this. For example, if you made a complaint to a governmental agency because you suspected illegal activity, you should be able to provide the letter that you wrote.
In addition, you will have to show that you were punished by your employer. If, for example, you were demoted, you will provide evidence that this took place after you made the complaint.
Finally, you will need to demonstrate a causal connection between the complaint you made and the punishment you received. This is usually the most challenging part of any discrimination claim.
No one should experience a setback in their career due to discrimination in the workplace. Make sure that you get justice if you have suffered because of retaliation.