{"id":4794,"date":"2016-04-04T10:47:45","date_gmt":"2016-04-04T15:47:45","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/workplace-retaliation.html"},"modified":"2026-10-27T08:35:24","modified_gmt":"2026-10-27T13:35:24","slug":"workplace-retaliation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/workplace-retaliation.html","title":{"rendered":"What Is Workplace Retaliation? A Guide for Employers"},"content":{"rendered":"\n
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What Is Workplace Retaliation? A Guide for Employers<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Workplace retaliation<\/span> is an illegal adverse action<\/span> an employer takes against an employee for engaging in a legally protected activity<\/span>. Common examples of protected activities<\/span> include reporting discrimination or harassment, or acting as a whistleblower. Federal and state anti-<\/span>retaliation<\/span> laws<\/span> are in place to protect employees who report misconduct, and violations can lead to significant legal consequences.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Employers must take employee complaints seriously and avoid doing anything that appears to attack the person who filed the complaint. Employees who prove workplace retaliation<\/span> may be entitled to back pay<\/span>, reinstatement<\/span>, and even punitive damages<\/span>.<\/p>\n

This guide will walk you through the key elements of a retaliation<\/span> claim<\/span> and the laws that apply. If you\u2019re already facing a complaint, connecting with a local employment lawyer<\/a> can help you navigate the process and protect your business.<\/p>\n

What Are the Three Elements of a Retaliation<\/span> Claim<\/span>?<\/h2>\n

The U.S. Equal Employment Opportunity Commission (EEOC<\/span>)<\/a> handles employee reports of harassment and discrimination. For most EEOC<\/span>-enforced employment discrimination retaliation<\/span> claims<\/span>, a worker must show three elements:<\/p>\n