Employers are not allowed to retaliate against and individual for asserting their legally protected rights under various federal and Oklahoma statutes.

You can experience retaliation for protected activity regarding words or actions that you witness, but which is not directed to you. For example, if you witness a witness someone using a racial slur toward or sexually harassing another employee and complain about that behavior but are disciplined or fired as a result of making that complaint, you have experienced retaliation.

Proving retaliation can be difficult, but at the Center for Employment Law, we are experienced in the process and challenges that come with proving you experienced retaliation, and we can help you through them.

 

+ What is retaliation?

Retaliation is broadly defined as taking an action intended to punish an employee because of their protected activity. This includes giving discipline and firing, refusing to promote or hire an employee, but also other actions which are adverse, like making someone’s job more difficult, removing resources, or even giving bad references to other potential employers.

+ Protected Activity

The most common protected activity is making one or more complaints about an employer’s failure to follow the law, including but not limited to laws about discrimination, pay requirements, or even safety requirements. However, complaints about activity that is not protected cannot provide the basis of a retaliation claim. Typically, complaints should be made up the chain of command (such as to a supervisor) or to human resources, but they can also be made externally, such as to law enforcement or to the Equal Employment Opportunity Commission or Oklahoma Office of Civil Rights Enforcement. Some other examples of protected activity include:

  • Voicing and objection to taking an action that would violate the law;
  • Participating in an investigation (internally or externally);
  • Refusing to follow instructions that would result in violating a law; and
  • Requesting an accommodation for disability or to practice your religion.