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PART ONE...WHAT IS IT?...RETALIATION
An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disabilty, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.
In addition to the protections against retaliation that are included in all the laws that are enforced by EEOC, Equal Employment Opportunity Commission, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of right granted by the ADA.
There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. We will explain and discuss these three terms tomorrow and how they may apply to you and where you can file a charge with the EEOC.
See you tomorrow.
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2 comments:
Just this past week I was thinking about the predicament of the whistleblower. He (or she) sees there is something seriously wrong in an organization and knows he cannot go to his superior about it for just the reasons you have described.
A choice for the person faced with the ethical dilemma of what to do next is to go "outside." And I don't mean to take a walk and cool off. He goes outside his agency or to the press.
Good luck trying to file a claim. Take it from someone whose been there, the Department of Labor is only interested in harassment of a sexual or racial basis. I was terminated from my position with Island Lake after a total of ten years. My infraction was being the wife of the loosing mayoral candidate and former village trustee. Even my union rep and the Local 150 Union attorney told me I'd be healthier someplace else. I could have filed a civil suit but even that was a stretch and came with a $7,500 retainer.
Don't waste your time or money. "They" always win and the real victims loose. Move on and learn the lesson.
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