Understanding Employer Retaliation: Your Rights Under Pennsylvania Employment Law

In Pennsylvania, employer retaliation remains a pressing concern for employees who assert their legal rights. Retaliation occurs when an employer penalizes an employee for engaging in a protected activity, such as filing a complaint, assisting in an investigation, or asserting their legal rights in the workplace. Understanding your rights under Pennsylvania employment law is essential if you believe you have been the victim of retaliation.

What is Employer Retaliation?

Employer retaliation occurs when an employee faces negative consequences for asserting their legal rights. These adverse actions can take many forms, including:

• Termination – Firing the employee for filing a complaint or claim.
• Demotion – Lowering the employee's job status, pay, or position.
• Harassment – Exposing the employee to a hostile work environment.
• Disciplinary Action – Using formal or informal punishment to silence the employee.
• Reduction in Hours – Cutting the employee's scheduled work time.
• Denying Promotion – Blocking career advancement or withholding merit-based raises.

In some cases, retaliation might be subtle but still impactful, such as being excluded from meetings or no longer being given certain responsibilities. It's important to remember that employer retaliation is illegal under both federal and state law, regardless of the form it takes.

Legal Protections Against Retaliation

Pennsylvania employees are protected from employer retaliation under various state and federal laws. Some of the key laws include:

• Title VII of the Civil Rights Act of 1964 – This federal law forbids discrimination on the basis of race, color, sex, religion or national origin. It also safeguards employees from retaliation when they report such discriminatory practices.
• Pennsylvania Human Relations Act (PHRA) – The PHRA offers protections specific to Pennsylvania workers, prohibiting discrimination and retaliation based on race, religion, gender, and other protected categories.
• Fair Labor Standards Act (FLSA) – The FLSA protects employees who report wage violations, such as unpaid overtime or minimum wage violations.
• Whistleblower Laws – Both federal and Pennsylvania whistleblower laws offer protections for employees who report illegal or unethical practices in their workplace.
• Workers' Compensation Law – Employers are forbidden from retaliating against employees who file workers' compensation claims following a workplace injury.

What Constitutes Protected Activity?

A protected activity under Pennsylvania employment law refers to any action taken by an employee to assert their legal rights. Common examples include:

• Filing a Complaint – Reporting discrimination, harassment, or wage theft.
• Participating in an Investigation – Cooperating with internal or external investigations into workplace misconduct.
• Requesting Accommodations – Requesting reasonable accommodations for a disability or religious observances.
• Filing a Workers' Compensation Claim – Seeking benefits after being injured on the job.
• Reporting Illegal Activity – Becoming a whistleblower by alerting authorities to illegal activities within the company.

Employees engaging in any of these activities are protected from retaliation under Pennsylvania law. If an employer takes negative action in response to these activities, the employee may have grounds to file a retaliation claim.

How to Prove Employer Retaliation

Proving employer retaliation requires evidence that connects the adverse action to the protected activity. This can be challenging, but several factors can help strengthen a case:

1. Timing – If the negative action occurred shortly after the employee engaged in protected activity, this can suggest a retaliatory motive.
2. Pattern of Behavior – A sudden change in treatment or behavior from the employer after the protected activity can indicate retaliation.
3. Direct Evidence – Statements or communications from the employer admitting to retaliatory intent, such as an email or conversation.
4. Comparative Evidence – Showing that other employees who did not engage in protected activities were treated more favorably.

Employees should document any retaliatory behavior as soon as it occurs. Keeping records of communications, performance evaluations, and job duties before and after the protected activity can be crucial in establishing a retaliation claim.

What to Do If You Experience Retaliation

If you suspect that you are a victim of employer retaliation, there are several steps you should take to protect your rights:

• Document Everything – Keep records of any adverse actions taken against you, including dates, times, and any witnesses.
• File a Complaint – Report the retaliation to your employer's human resources department or use the company's official complaint process. This creates a paper trail that can support your case.
• Seek Legal Advice – Contact an employment lawyer to talk about your options and determine whether you have a viable retaliation claim.
• File a Formal Charge – If internal complaints are ignored, employees can file a formal charge with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC).

Remedies for Retaliation Victims

Employees who successfully prove retaliation may be entitled to a variety of remedies under Pennsylvania law, including:

• Reinstatement – Being rehired or restored to the position the employee held before the retaliation.
• Back Pay – Compensation for lost wages and benefits.
• Compensatory Damages – Payments for emotional distress, mental anguish, and other non-economic harms caused by the retaliation.
• Punitive Damages – In some cases, employers may be ordered to pay punitive damages to punish them for egregious retaliatory behavior.
• Legal Fees – In many cases, employers may also be required to cover the employee's attorney fees and court costs.

Statistics on Employer Retaliation

Workplace retaliation is a widespread issue. According to the EEOC , 56% of all charges filed with the EEOC in 2021 included claims of retaliation, making it the most common type of complaint. The Pennsylvania Human Relations Commission reports similar trends, noting that retaliation claims have steadily increased over the past decade.

Conclusion

Understanding your rights under Pennsylvania employment law is essential if you believe you are facing retaliation from your employer. By recognizing the signs of retaliation, taking proactive steps to protect yourself, and obtain legal guidance when necessary, you can safeguard your career and well-being.?

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania employment law can be challenging. Fortunately, you don't need to do it alone. The experienced employment lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.