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What is Retaliation in the Workplace?

A professional setting captures a tense moment as a woman in business attire listens intently to someone pointing at her, symbolizing a workplace confrontation that could be linked to a retaliation or employment-related dispute.

Employees have several rights under both federal and Ohio law, including protection from unlawful discrimination and harassment, wage and hour protections, and more. Most of these laws also contain anti-retaliation provisions; that is, your employer cannot retaliate against you for exercising your rights under those laws. If they do, you have legal recourse.

However, retaliation cases can be tricky, so it’s important for employees to know their rights. Here’s what you need to know about retaliation claims in Ohio workplaces.

The legal definition of retaliation

In the context of employment law, retaliation occurs when an employee engages in a protected activity and the employer responds by taking an adverse action against the employee.

What is a protected activity?

A protected activity is, essentially, an exercise of your rights as an employee. Examples of protected activities include:

  • Reporting illegal discrimination or harassment.
  • Requesting reasonable accommodations for a disability or religious practice.
  • Talking to your coworkers about wages or working conditions.
  • Participating in an internal or external investigation into illegal harassment.
  • Exercising your rights to medical leave under the Family and Medical Leave Act (FMLA).
  • Exercising your rights to pregnancy accommodations under the Pregnant Workers Fairness Act (PWFA).
  • Reporting unsafe working conditions.

This is not an exhaustive list. Remember that you don’t necessarily have to make a formal report to be protected from retaliation; even informally complaining about or opposing an unlawful employment practice may count as a protected activity. However, going through a formal process, such as filing a charge with the EEOC or participating in a formal investigation, generally makes it easier to pursue a retaliation claim.

What is an adverse action?

An adverse action is defined as anything that would dissuade a reasonable employee from engaging in the protected activity. Firing an employee for engaging in a protected activity certainly counts, but many other actions can also qualify as adverse actions, including but not limited to:

  • Demotion
  • Reducing hours or pay
  • Reassignment to a less desirable location or shift
  • Taking the employee out of consideration for a promotion
  • Giving an unjustified negative performance review

In some circumstances, taking action against a third party (such as firing an employee’s spouse who also works for the same employer) might also count as an adverse action.

What’s required to prove a retaliation claim?

In general, to win a retaliation case as an employee, you need to prove that:

  1. Your employer knew that you engaged in a protected activity,
  2. Your employer took an adverse action against you, and
  3. The adverse action was caused by the protected activity.

Your employer will likely claim that there was some other, non-retaliatory reason for the adverse action. It’s up to the employee to prove that the real reason for the adverse action was the protected activity. Timing is often important evidence in these cases. Many courts use a 90-day benchmark—that is, if the adverse action happened within 90 days of the protected activity, the court will likely infer that it was retaliatory—but it depends on the circumstances.

Note that you do not have to prove the underlying violation that you complained about or resisted in order to win your retaliation claim. For example, if you were fired for reporting something that you reasonably believed to be sexual harassment, you have a potential retaliation claim, even if an investigation ultimately determined there was no actual sexual harassment.

Talk to an experienced employment law attorney today

If you’re dealing with a situation at work that you believe is unlawful, it’s important to know your rights. An experienced employment law attorney can help you respond in a manner that will ensure you are protected from retaliation from your employer. And if you have already been retaliated against, an attorney can pursue legal recourse on your behalf.

Give us a call or contact us online today to speak with an experienced employment attorney at Gibson Law, LLC. With offices in Cincinnati and Dayton, we offer legal help to workers throughout Ohio.

"I was so impressed with Brad and his team, and I am so glad that I chose to work with him. He was not only very knowledgeable, thorough, and effective, but he was also very patient and kind. He took the time to explain everything to me and made sure that I felt comfortable with every decision along the way. And even when it would not benefit him in any way, he made sure to look out for my best interests. It was very apparent that he truly cared and took great pride in his work." — Kristin D., ⭐⭐⭐⭐⭐

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