Labor & Employment Law
Understanding Workplace Discrimination Retaliation
Workplace discrimination retaliation occurs when an employer takes adverse action against an employee for reporting, opposing, or participating in investigations of discrimination. Federal laws such as Title VII of the Civil Rights Act and the Florida Civil Rights Act protect employees from retaliation when they raise concerns about discrimination based on characteristics such as race, sex, national origin, religion, disability, age, sexual orientation, and more.
Protected Activities:
Employees are protected when they file formal charges with agencies like the Equal Employment Opportunity Commission (EEOC), the Florida Commission on Human Relations, or local Human Rights Offices. Internal complaints to employers and participation in workplace investigations also qualify as protected activities. To strengthen claims, employees should document complaints in writing, noting dates and recipients.
Prohibited Retaliation:
Retaliatory actions can include termination, demotion, reduced pay or hours, denial of promotions or raises, transfer to less favorable positions, or unwarranted disciplinary actions. Any action that could discourage an employee from reporting discrimination is considered retaliation.
Filing Deadlines:
Employees must act quickly, as retaliation claims have strict deadlines:
- EEOC (Federal): 300 days from when retaliation is known
- Florida Commission on Human Relations: 365 days
- Local Human Rights Offices: 60-365 days, depending on location
Available Remedies:
Successful retaliation claims may result in back pay, restored benefits, reinstatement, front pay, emotional damages, attorneys’ fees, and injunctive relief to stop the retaliatory practices. Understanding these protections and acting within the required timelines is essential to ensuring justice in the workplace.
Workplace Discrimination Retaliation Frequently Asked Questions
No. Your employer cannot retaliate against you for complaining about, objecting to, or participating in an investigation of workplace discrimination based on protected characteristics including:
- Race
- Sex
- Color
- National origin
- Religion
- Pregnancy
- Disability
- Age
- Marital status
- Sexual orientation
- Military service
Under Title VII and Florida Civil Rights Act, protected activities include:
- Filing a Charge with the EEOC
- Filing a Charge with the Florida Commission on Human Relations
- Filing a complaint with local Office of Human Rights
- Internal complaints to employer (verbal or written)
- Participating in discrimination/harassment investigations
Best Practice: Always complain in writing and keep copies of complaints, including recipient and date.
Any action that would discourage a reasonable worker from complaining about discrimination, including:
- Termination
- Demotion
- Reduction in pay or hours
- Less desirable working conditions
- Lost bonus
- Denial of raise
- Transfer to another location
- Unwarranted disciplinary actions
- EEOC (Federal): 300 days from knowledge of retaliation
- Florida Commission on Human Relations: 365 days from knowledge of retaliation
- Local Human Rights Offices: 60-365 days, depending on municipality
- Reimbursement of lost wages
- Restoration of lost benefits
- Job reinstatement
- Front pay (future earnings if reinstatement isn’t possible)
- Emotional damages
- Attorneys’ fees and costs
- Injunctive relief