Workplace retaliation can come in subtle forms, like receiving a negative or unflattering performance review, experiencing a combative or unpleasant work environment, having some or all of his or her duties removed, having pay or commission cut, losing or moving his or her office to an undesirable location, or restricting his or her ability to do the job properly.
Title VII and the Wisconsin Fair Employment Act (WFEA) make it illegal for employers to terminate, discipline, demote, or harass an employee on the basis of certain protected characteristics of the employee. It is also illegal for an employer to deny job training, assignments, or a promotion because an employee:
- Complained about discrimination, harassment, or illegal practices happening at work
- Filed a discrimination complaint or charge
- Participated in a discrimination or harassment investigation, complaint, or lawsuit
Retaliation includes all of the following:
- Filing a Charge or Complaint of Discrimination or Harassment
- Healthcare Worker Retaliation
- Opposing Discrimination or Harassment in the Workplace
- Participating in a Hearing or Investigation
- Whistleblower (SOX/Civil RICO)
- Wrongful Termination
Complaining about or “opposing” discrimination, harassment, or illegal practices in the workplace includes complaining to Human Resources or management, and it doesn’t matter if the complaint was written or verbal.
Filing a discrimination complaint or charge includes filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or the Wisconsin Equal Rights Division (ERD), and it doesn’t matter if one or both agencies don’t believe the discrimination actually happened.
Participating in a discrimination or harassment investigation, complaint, or lawsuit includes testifying, assisting, or participating in an investigation, proceeding, or hearing in any way .
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