How to Prove Retaliation After Reporting Discrimination or Harassment
The law is clear. Employees have the right to report unfair treatment related to harassment and discrimination without fear of retaliation. Yet, when you take such actions and then lose your job or are suddenly demoted, it is hard to see how the two incidents are not connected. Knowing how to prove retaliation after reporting discrimination and harassment can help you know how to take action. A Syracuse employment law attorney can assist you in fighting discrimination and harassment in the workplace.
Steps to prove Discrimination or Harassment Reporting Retaliation
The Department of Labor’s Notice of Employee Rights, Protections, and Obligations Under Labor Law Section 740 clearly states that employees cannot be discharged, penalized, or otherwise retaliated against for filing a complaint about a labor law violation in the state.
To be considered retaliation, there must be some evidence of material adversity and actions that would dissuade another employee from making the same discrimination charge. If you believe this occurred in your case, consider these strategies for proving it:
- Show evidence of termination or demotion occurring directly after the reporting of harassment.
- If you file any claim of concern, including any type of violation of employment laws, do so in writing. Make sure to accurately and fully document what occurred, when, and how. Date it. Keep a copy for yourself. Better yet, file it digitally so it cannot be refuted as easily.
- Ensure that you can clearly show the company knew about the complaint and, as a result, took action. For example, if you provided information anonymously to the labor board, it is hard to prove the company knew it was you. Notifying your employer about your actions may seem difficult, but it helps to protect you from retaliatory action.
In these cases, it can be challenging to prove this on your own. You may have a feeling that you were treated poorly, but unless you can prove that the organization took steps to treat you poorly intentionally as a result of your claim, retaliation is not evident.
Examples of potential workplace retaliation may include:
- Demotion from your current position without facts to demonstrate why
- Denied opportunities, such as no longer being eligible for educational benefits or no longer being reimbursed for travel
- Micromanagement is substantially different than it used to be, such as having to constantly report your actions or being hounded to work faster or harder
- Salary reductions or a reduction in hours when others are not experiencing the same
- Exclusions, including from meetings or training, or in some situations, being left out of social events
The Importance of Hiring an Attorney
In situations like this, hiring an attorney can alleviate at least some of the burden you face in proving what occurred. Your attorney will gather evidence to substantiate your claims, such as speaking to witnesses, creating a timeline of events that shows the direct relation between the actions, and investigating internal documents that could prove your case.
There is no foolproof manner to prove retaliation in most cases. However, if there is digital communication between one person and another demonstrating this, or witnesses can corroborate your statements, that could help you build a case.
If you suspect you are the victim of retaliation as a result of the actions you rightfully took, contact a Syracuse employment law attorney as soon as possible.