Many employees fear that if they report their employer for breaking federal or state employment laws they will be labeled a “whistleblower” and face retaliation. Federal law protects employees from retaliation by their employers when they take appropriate action to combat discrimination and other illegal workplace behavior, or when they seek to exercise other workplace rights.

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What is workplace retaliation?

Many employees are afraid to be a “whistleblower” for fear of retaliation.  Some examples of employer and workplace retaliation include:

• Unlawful discharge (firing)
• Demotion
• Being denied a promotion
• Having one’s job duties or responsibilities substantially reduced

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Federal Retaliation Protections 

Most federal discrimination statutes include provisions that protect employees for reporting or opposing discrimination in the workplace, but it is imperative that be explicit in conveying they are reporting discrimination, harassment or retaliation in order to protected.  Generic complaints about “unfairness” in the workplace are generally not protected.  Specifically, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and Americans with Disabilities Act all provide robust protections from retaliation when employees exercise their rights under these statutes.   

Other federal laws like the Fair Labor Standards Act and Occupational Health and Safety Act protect workers for reporting and opposing unlawful pay practices and workplace safety complaints.  

And employees in publicly traded companies and the banking related industries also enjoy protections under the Sarbanes Oxley Act and Dodd-Frank Act. 

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North Carolina Retaliation in Employment Discrimination Act

The North Carolina Retaliation in Employment Discrimination Act (REDA) also prohibits certain kinds of workplace retaliation, including retaliation against employees who have filed workplace safety or wage and hour complaints with the North Carolina Department of Labor, or those who have been injured at work and filed workers’ compensation claims.

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Who can file a retaliation lawsuit?

In North Carolina, the following individuals can bring/file a retaliation lawsuit:

• Employees who file internal grievances with their companies or external complaints with the Equal Employment Opportunity Commission (EEOC) because they have been the victims of unlawful discrimination or harassment
• Employees who cooperate with a colleague who files an EEOC charge; for example, a coworker who submits a written statement to the EEOC or gives testimony at a trial corroborating a coworker’s claim
• Family members of employees who have made claims against their employers or sought benefits to which they are legally entitled
• A manager or employee who refuses to participate in a discriminatory or otherwise illegal job action

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Help Filing NC REDA Complaints

If you are considering filing a federal or REDA complaint, it can be helpful to talk with an employment attorney first. Retaliation is prohibited, and our lawyers can help help ensure your legal rights are protected in the event it should occur.

Unfortunately, there are loopholes. If you were retaliated against for filing a complaint, the words you used in your complaint are important, as are its timing and proof that the person who retaliated against you knew about the complaint. Whistleblower & retaliation laws are effective tools when wielded by an experienced firm like ours.