⚖ Retaliation Lawyers | Free Consultation

Retaliation is a serious issue in the workplace and can have devastating consequences for employees who speak out against discrimination, harassment, or who engage in protected activity such as requesting an accommodation for disability or religious reasons.

1. It undermines the effectiveness of anti-discrimination laws by discouraging employees from speaking up about discrimination.
2. It can cause significant harm to the employee who is targeted, damaging their reputation, career prospects, and emotional well-being.
3. It creates a toxic work environment by creating a culture of fear and mistrust among employees.
4. It can lead to legal liability for the employer, resulting in costly litigation, damage to reputation, and monetary damages.

Retaliation Under Federal Law

Federal law prohibits adverse action against employees who oppose discriminatory practices, file a complaint or charge of discrimination, or participate in an investigation, hearing, or lawsuit related to discrimination.

This means that employers cannot take adverse action against employees who engage in any of these protected activities. Adverse actions can include termination, demotion, reduction in pay or hours, denial of benefits or promotions, or any other negative treatment that could deter a reasonable employee from engaging in protected activity.

Victims of retaliation can file a complaint with the Equal Employment Opportunity Commission (EEOC) or, after filing a complaint with the EEOC,  file a lawsuit in federal court.

Retaliation in Illinois

Adverse actions are also prohibited under the Illinois Human Rights Act. When an individual is subjected to adverse action or treatment because they have opposed discrimination or harassment or engaged in any protected activity under the IHRA that action is illegal. Protected activity includes filing a charge, testifying or assisting in any investigation or proceeding under the IHRA, opposing discriminatory practices, or making a complaint to an employer, government agency, or legal counsel.

The IHRA covers a wide variety of areas including employment, housing, public accommodations, and education. For example, an employee who complains about racial discrimination and is subsequently passed over for a promotion or subjected to increased scrutiny may be the victim of an illegal act. Similarly, a tenant who reports sexual harassment by a landlord and is then evicted or denied repairs may be have the right to file a complaint.

Examples of Prohibited Retaliation

Acts can be subtle or overt, but any action that would dissuade a reasonable person from engaging in protected activity is considered unlawful. Examples include:

1. Termination or demotion
2. Pay reduction or denial of benefits
3. Harassment or intimidation
4. Negative performance evaluations or disciplinary actions
5. Changes in job duties or responsibilities
6. Refusal to promote or hire
7. Reassignment to a less desirable position or location
8. Exclusion from meetings or training
9. Threats or adverse comments

Reasons to File a Complaint

If you believe that you have been subjected to retaliation for exercising your rights, it is important to take action. Filing a complaint can help protect your rights and prevent further retaliation. Some reasons to file a complaint include:

1. To seek justice and hold the offender accountable
2. To obtain compensation for damages suffered as a result of the retaliation
3. To protect your rights and prevent further retaliation
4. To send a message that retaliation will not be tolerated in the workplace, housing, or other contexts
5. To help prevent others from being subjected to similar treatment

Types of Damages Available for Retaliation

The primary goal of damages in a retaliation case is to make the victim whole again and to deter future retaliation by the employer. The following are the types of damages that may be available to victims of retaliation:

1. Compensatory Damages: These are damages intended to compensate the victim for any actual losses they suffered as a result of the retaliation. This may include back pay, lost benefits, and other monetary losses. Compensatory damages can also include damages for emotional distress, such as anxiety, depression, and humiliation.
2. Punitive Damages: These are damages intended to punish the employer for their wrongful conduct and to deter future retaliation. Punitive damages are awarded in addition to compensatory damages and are typically only available if the employer engaged in egregious or willful misconduct.
3. Attorney’s Fees and Costs: Victims of retaliation may also be entitled to attorney’s fees and costs associated with bringing their claim. This can be an important consideration, as it can help ensure that victims are able to afford legal representation and pursue their claim.

It’s important to note that there are limits on the amount of damages that can be awarded in a Title VII retaliation case. The amount of compensatory and punitive damages is capped based on the size of the employer, with larger employers facing higher caps. Additionally, punitive damages are only available if the employer engaged in intentional discrimination.

1. Knowledge of Laws and Regulations: An attorney is well-versed in the nuances of federal and state law, including Title VII, the ADA, Rehabilitation Act, the ADEA, and the Illinois Human Rights Act. They can help you understand the specific legal provisions and how they apply to your case.
2. Experience in Handling Retaliation Claims: Attorneys specializing in employment law have experience in handling retaliation claims, and can help you navigate the complex legal process and build a strong case.
3. Gathering and Evaluating Evidence: An attorney can help you gather and evaluate the necessary evidence to prove your retaliation claim, such as witness statements, documents, and any other relevant information.
4. Effective Communication with Opposing Parties: A skilled attorney will be able to effectively communicate with the opposing party, including negotiating settlements and discussing potential resolutions.
5. Representation in Court: If your case proceeds to trial, an attorney can represent you in court, presenting your case to a judge or jury, and advocating for your rights under the relevant laws.
6. Handling Administrative Procedures: An attorney can help you navigate the filing requirements and deadlines associated with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), as well as any subsequent administrative procedures.
7. Maximizing Compensation: An attorney can help you seek maximum compensation for damages, including back pay, front pay, emotional distress, and potentially punitive damages, by effectively presenting your case and negotiating on your behalf.
8. Compliance with Filing Deadlines: There are strict deadlines for filing retaliation claims, and missing them can be costly. An attorney can ensure that all necessary documents are filed on time and in accordance with the relevant statutes.
9. Emotional Support: Retaliation cases can be emotionally draining, and an attorney can provide you with support throughout the process, ensuring that your interests are protected and that you are treated fairly.
10. Expertise in Appeals: If your case does not result in a favorable outcome, an attorney can help you evaluate the possibility of an appeal and guide you through the appellate process.