When an employee exercises his or her civil rights facing illegal activities, including discrimination or harassment, an employer is prohibited from acting against the victim. In the context of the workplace, an employee has the right to hold offenders accountable when faced with a hostile work environment, including being exposed to offensive behavior. When a business or employer takes actions against them for filing charges of discrimination or harassment, whistleblowing, filing a complaint internally, or testifying to an illegal activity, the victim of the retaliation is protected under state and federal laws. According to the Supreme Court, an adverse employment action must be materially adverse to a reasonable employee or job applicant. The harm must be significant. If you are the victim of an adverse employment action, contact The Mark Law Firm, LLC to fight for your civil rights and hold wrongdoers accountable for their actions.
According to the federal government, people who face discrimination, harassment, or whistleblower retaliation are protected against adverse employment actions. According to the U.S. Equal Employment Opportunity Commission, adverse action can include:
According to the EEOC, filing a claim of discrimination and retaliation are basically the same action. If you are the victim of an adverse employment action, you have the right to file a Charge of Discrimination. The EEOC will investigate the matter. If they find evidence of an adverse employment action, they will try and settle or litigate the issue on your behalf. If they find a lack of evidence, they will most likely issue you a notice of right to sue. This mean that you have the right to file a lawsuit on a federal level without the assistance of the government. The EEOC has its limitations. It only protects employees who work for businesses with 15 or more employers.
The Occupational Safety and Health Administration (OSHA) protects whistleblowers facing the same adverse employment actions detailed above under the EEOC. Whistleblowers who face adverse employment actions have 30 days to file a complaint with OSHA on a state and federal level. A whistleblower can easily file a claim online, by mail, or over the telephone in order to protect his or her rights.
According to the NJ Law Against Discrimination (NJ LAD) and the Conscientious Employee Protection Act (CEPA), a person is protected from adverse employment actions in the same way they are protected against discrimination and harassment. If you are a victim of an adverse employment action based on filing a complaint on the state level, complaining internally, or testifying to discrimination or harassment, you are protected under NJ LAD. Whistleblowers are protected under CEPA. In order to hold an employer or business accountable, you must file a claim with the appropriate court. Statute of limitations vary, so contact an attorney at The Mark Law Firm, LLC to assist you in your matter.
If you feel that you have been the victim of unfair treatment in the work place and have suffered from an adverse employment action at your job, such as suspension, demotion, failure to promote, termination or the like, contact the experienced trial attorneys at The Mark Law Firm, LLC for a consultation with one of our experienced employment lawyers. No one should work in a hostile environment where they are afraid to exercise their rights. If you are the victim of adverse employment action, contact The Mark Law Firm, LLC to assist you in your matter.