Numerous federal laws and Nevada state laws are in place to protect employees from unlawful employment discrimination and harassment based on factors such as race, sex, color, national origin, ethnicity, sexual orientation, gender identity or expression, religion, age, and disability. When such discrimination or harassment occurs, you should feel comfortable making a report or otherwise complaining about the violation of your rights to your employer.
In too many situations, however, employees who complain about unlawful discrimination hoping for action from their employer instead find themselves to be the victims of retaliation for their complaints. Fortunately, anti-discrimination laws also prohibit this type of retaliation and give employees rights if they are victims.
If you believe you have been retaliated against by your employer after you took lawful action against discrimination, you should not delay in contacting the experienced legal team at HKM Employment Attorneys in Las Vegas. We help clients hold their employers liable for unlawful retaliation, so please call to learn more about how we can help.
Types of Retaliation
Like any type of discrimination, retaliation can occur in many ways and at almost any stage of the employment process. Retaliation can include the following and more:
- Removal from consideration for a job;
- Refusal of a promotion;
- Refusal of a pay raise;
- Pay decrease;
- Transfer to a less desirable assignment;
- Unwarranted negative performance reviews or evaluations;
- Probation, suspension, or other discipline;
- Increased supervisor surveillance;
- Threats or intimidation;
- Unwarranted negative references to prospective employers;
- Forced resignation or constructive discharge;
Retaliation can also include any other adverse employment action or decision that is based on your complaint and not on your job performance or qualifications.
In addition, retaliation can be in response to a wide range of activities that can be considered to be a “complaint” of discrimination. Such activities include:
- Complaining to a supervisor about the discrimination;
- Filing a formal report with HR;
- Discussing the discrimination with a coworker;
- Refusing to engage in discriminatory actions;
- Assisting with an investigation into discrimination;
- Serving as a witness in an investigation or legal case;
- Filing your own legal claim.
Retaliation claims can be complicated. In order to bring a successful retaliation claim, you must prove that the adverse employment action was in response to your complaint of discrimination and not for another valid reason. In most cases, an employer will give another reason to justify the action, such as job performance or shifting work environment. You will then have to prove that the justification given was pretextual. You will also have to prove that the adverse employment action caused you compensable harm.
Discuss Your Situation with a Law Vegas Employment Discrimination Attorney
Retaliation for complaining about discrimination is illegal and should not be tolerated. At the office of HKM Employment Attorneys, we stand up for the rights of employees to be free from discrimination, harassment, and retaliation. If you believe you have been the victim of unlawful retaliation, please do not wait to contact our office online or by calling 702-625-3893 so we can begin working on your case.