Retaliation Employment Discrimination

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.

What is workplace retaliation?

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

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.

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
Whistleblower & Retaliation in the Workplace

Help Filing NC REDA Complaints

If you are considering filing a 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 very important to our law firm.

Read Articles related to retaliation

Van Kampen North Carolina Employment Lawyers speak on how to protect yourself against your ex-employer's retaliation after termination.

Are There Anti-Retaliation Protections for Ex-Employees?

Can my employer legally retaliate against me even after I have been terminated? A recent decision by the Sixth Circuit Court of Appeals Says: No, Even Where the Text of Statute Itself is Silent on the Point.
Law 360 - Josh Van Kampen

4th Circ. Says NC Law May Shield Internal Safety Complaints

North Carolina law protected a construction worker from retaliation when he called out a colleague’s on-duty intoxication, the Fourth Circuit said Thursday in a ruling clarifying protections for workers who report safety concerns internally rather than to state authorities.

Fifth Circuit Rules Retaliation Provision of the Fair Labor Standards Act Permits Recovery for Emotional Distress Damages

A Texas man struck gold last week with the Fifth Circuit’s decision that the Fair Labor Standards Act (the “FLSA”) allows retaliation victims to recover emotional distress damages.