How to Deal With Employment Retaliation
Federal laws prohibit retaliation for charges of discrimination, whistleblowing or reports of safety violations in the workplace. The U.S. Equal Employment Opportunity Commission, or EEOC, and the U.S. Department of Labor, through its Occupational Safety and Health Administration, or OSHA, investigate claims of retaliation and act within the guidelines of the law to enforce strict anti-retaliation legislation. Managers or employees experiencing retaliation in the workplace should file a complaint with one of these organizations to prevent future violations.
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Instructions
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Determine the nature of the violation. Report cases of harassment and retaliation due to discrimination to the EEOC. Report instances of retaliation for filing safety violations or whistleblowing to OSHA.
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Contact the correct department to file the report. The EEOC does not accept complaints over the phone or online. The commission has 52 field offices where complainants may fill out forms related to the case. OSHA accepts online reports through its Notice of Alleged Safety or Health Hazards website.
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Complete the required forms for the alleged retaliation. Include all relevant business details, including the time and place of each incident, as well as contact information. The agencies may withhold your name as the complainant in accordance with established guidelines.
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Wait for a response from the official agency. Response times vary, but additional actions taken before speaking with an authorized government agent may jeopardize protections under retaliation and discrimination laws.
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Tips & Warnings
Government employees have a different reporting process and should speak with their supervisors or liaisons to confirm details of these procedures.
Each office sets a different statute of limitations on retaliation claims. Report EEOC claims within 180 days of the violation. OSHA retaliation claims have a limitation of only 30 days.
References
- U.S. Equal Employment Opportunity Commission: Retaliation
- U.S. Equal Employment Opportunity Commission: How to File a Charge of Employment Discrimination
- U.S. Department of Labor; Other Workplace Standards: Whistleblower and Retaliation Protections
- Occupational Safety and Health Administration: How to File a Complaint With OSHA
- U.S. Equal Employment Opportunity Commission: Overview of Federal Sector EEO Complaint Process
