Retaliation has become the most frequently filed type of employment law claim with the Equal Employment Opportunity Commission (EEOC). In fact, more than half of all workplace discrimination complaints now include allegations that an employee was punished for speaking up for themselves or others. Recognizing the signs of retaliation and knowing how to safeguard yourself when reporting wrongdoing can be vital for both your employment and your rights.

Retaliation occurs when an employer takes an adverse action against an employee because that person engaged in a “protected activity.” Protected activities include reporting discrimination, harassment, wage violations, or unsafe conditions; participating in an investigation; or even simply opposing unlawful practices in good faith. Adverse actions can take many forms. Employers may use subtle tactics like shift changes, isolation, exclusion from meetings, and unwarranted performance reviews or more explicit tactics like terminations, pay cuts, and demotions. The key question is whether the action would deter a reasonable person from reporting wrongdoing.

When this occurs, employees must understand the steps to protect themselves in case their employer retaliates against. Employees do not need to prove discrimination to be protected by anti-discrimination laws. The law safeguards an employee as long as their complaint was made honestly and in good faith. This means that even if an investigation concludes there was no violation, the law still safeguards those who raise concerns responsibly. Secondly, thorough documentation of all complaints, meetings, and subsequent changes in treatment is essential. This means keep written or electronic records of your complaints, meetings with the employer, and any changes in how you are treated after making said complaint. Emails, text messages (including Teams or Slack messages), and notes of conversations can be critical. In some states, you are allowed to even record conversations. Employees should note that laws about recording conversations differ by state, especially regarding consent. Please double-check your state’s recording laws before doing so. Thirdly, when possible, utilize internal channels. An employee should report concerns through Human Resources or ethics hotlines. This will show you acted responsibly and allows the Employer to fix the issue.

Employees can protect themselves by reporting issues clearly, professionally, and with evidence. Though it can be scary once you see a pattern of retaliation occurring at your workplace, do not let fear silence you. The law is clear: you have the right to speak up about illegal practices or discrimination without punishment. Retaliation for exercising those rights is itself unlawful. It is important to seek further legal advice there are strict deadlines for filing retaliation claims. If you believe you’re being targeted after filing a complaint, talk to an employment attorney here or contact the EEOC promptly.