The law forbids retaliation when it comes to any aspect or condition of employment. Some examples include changes in salary, termination, tasks, assignments, promotions, benefits, and anything within the sphere of employment.
This “anti-retaliation” concept has been interpreted to safeguard workers who engaging in protected activities. These protected activities include making charges of discrimination to the employer or covered entity, participating in employment discrimination proceedings or investigations, or any other activities protected by law.
A prima facie case of retaliation requires a complainant to show four things.
- the employee engaged in protected activity
- the employer was aware of the protected activity
- subsequent to the participation in the protected activity the complainant was subjected to an adverse employment action
- there is a causal connection between participation in the protected activity and the adverse employment action.
The Legal Language behind Retaliation Protections
It is an unlawful discriminatory practice to “aid, abet, incite, compel or coerce the doing of any act declared by
to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with the provisions of [the PHRA] or any order issued thereunder, or to attempt, directly or indirectly, to commit any act declared by
to be an unlawful discriminatory practice.” 43 P.S. § 955(e).
A huge barrier to workers bringing charges of employment discrimination is the fear of retaliation from their employers.
To ease these fears attorneys should make it clear to the employee, and employers, that retaliation protection exists and will be utilized if necessary.
If you have faced retaliation that has violated your right to equal employment opportunity, you can file a complaint with the EEOC.
If you believe you have suffered an adverse employment action because you participated in a protected activity, contact us immediately. The attorneys at KM&A can help you determine whether or not you have been subjected to illegal retaliatory action and can take the steps necessary to ensure you do not need to continue dealing with such conduct.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at email@example.com.