What is Unlawful Employment Retaliation?

Employment retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Such activities can include filing a complaint about workplace discrimination or harassment, participating in an investigation or lawsuit against the employer, or any other form of opposition to practices believed to be unlawful under employment laws. Retaliation claims hinge on three critical elements: the employee’s engagement in protected activity, the employer’s adverse action, and the causal link between the two, showcasing retaliation as the motive.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces many of these protections and provides guidance regarding the actions that could be considered retaliatory, ranging from termination, demotion, and salary reductions to more subtle forms of punishment, such as negative evaluations, increased surveillance, or making the employee’s work environment less welcoming.

Protecting employees from unlawful retaliation is essential because it directly impacts the ability of workers to speak up against injustice without fear of reprisal. Without the protection against retaliation, employees might be discouraged from reporting unlawful behavior, thereby perpetuating a culture of silence and complicity in the workplace. This not only affects the individuals involved but can also create a toxic work environment that hinders productivity, morale, and the overall well-being of all employees.

At Cantrell Schuette, P.A., we are dedicated to ensuring that your rights are protected. If you believe you have been the victim of employment retaliation, it is important to seek legal advice promptly. Our team of experienced attorneys is here to provide you with personalized legal guidance and support throughout the process. Whether you are considering filing a complaint or you are already facing retaliatory actions, we can help you understand your rights and options.

Don’t let fear of retaliation prevent you from standing up for what is right. Contact Cantrell Schuette, P.A. at (404) 474-7924 or coordinator@caklegal.com for a free consultation. Let us help you navigate the complexities of employment law and work towards securing the justice and fairness you deserve.

What Laws Protect Employees from Retaliation in Atlanta, Georgia?

Employees in Atlanta, Georgia, are protected under a robust framework of both federal and state laws designed to safeguard their rights in the workplace. This section outlines the critical legal protections available to employees who might face retaliation in Atlanta and surrounding areas.

Federal Protections

At the federal level, several laws offer protection against retaliation for employees who engage in protected activities, such as filing a complaint, participating in an investigation, or opposing discriminatory practices. The following are just some of the Federal laws prohibiting employer retaliation:

• Title VII of the Civil Rights Act of 1964 prohibits retaliation against employees for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

• The Age Discrimination in Employment Act (ADEA) protects employees who oppose employment practices that discriminate based on age or participate in age discrimination proceedings.

• The Americans with Disabilities Act (ADA) prohibits retaliation against individuals for opposing employment practices that discriminate based on disability or for participating in proceedings under the ADA.

• The Family and Medical Leave Act (FMLA) promotes work-life balance by providing eligible employees with job-protected leave for certain family and medical reasons, while safeguarding them from employer retaliation for exercising these rights.

• The Fair Labor Standards Act (FLSA) protects employees who complain about practices that violate the law’s minimum wage and overtime pay requirements.

• The Occupational Safety and Health Act (OSHA) safeguards employees who report violations of safety and health regulations.

Georgia State Laws

In addition to federal laws, Georgia state law provides protections for employees against retaliation in certain instances. While Georgia follows the at-will employment doctrine, there are statutory exceptions that prohibit retaliation in specific scenarios, such as:

• The Georgia Whistleblower Protection Act: Protects public sector employees who report violations of state laws, rules, or regulations to a supervisor or a government agency from retaliation.

• Workers’ Compensation Laws: Georgia law prohibits employers from retaliating against employees for filing workers’ compensation claims following workplace injuries.
• Georgia Fair Employment Act: It is illegal for state employers to take any employment action against government employees based upon the employee filing a discrimination complaint under this Act.

Atlanta Fair Private Employment Ordinance

The Atlanta Fair Private Employment Ordinance, as recently amended, introduces comprehensive anti-discrimination protections for private employees within the city, covering employers with 10 or more employees. This ordinance now includes protections on the basis of criminal history and gender expression, alongside the more traditionally recognized protections such as race, color, and religion.

Section 94-12 of the Atlanta Fair Private Employment Ordinance prohibits retaliatory conduct, making it illegal for anyone involved in employment – including employers, labor organizations, and employment agencies – to engage in acts of intimidation, discrimination, or retaliation against individuals for their compliance with, or participation in activities protected by, the ordinance. This includes filing complaints, assisting in proceedings, opposing unlawful practices, or simply intending to comply with the ordinance’s provisions. 

Retaliation cases can be complex, requiring a nuanced understanding of both federal and state laws. If you believe you’ve been the subject of retaliation in the workplace, it’s crucial to have experienced legal representation to navigate these challenges effectively.

Cantrell Schuette, P.A. is dedicated to advocating for the rights of employees in Atlanta, Georgia. Our team has extensive experience in handling retaliation claims, ensuring that your case is managed with the utmost care and professionalism. We understand the impact of retaliation on your career and well-being, and we’re here to help you seek justice.

For a free consultation and personalized legal advice, don’t hesitate to contact us at (404) 474-7924 or via email at coordinator@caklegal.com. Let us help you protect your rights and secure the justice you deserve.

Did My Employer’s Retaliation Rise to the Level of a Materially Adverse Action?

In the landscape of employment law, understanding whether an employer’s retaliatory actions against an employee constitute a materially adverse action is crucial. A materially adverse action is any action taken to dissuade a reasonable person from making or supporting a charge of discrimination. According to the EEOC, these actions do not have to be work-related or occur in the workplace to be retaliatory. They include a wide range of actions from disciplinary measures, demotions, and pay cuts to more subtle forms of retaliation like changing work schedules in a way that significantly affects an employee’s personal life or unjust negative evaluations.

The threshold for what constitutes a “materially adverse action” is intentionally set to capture a broad spectrum of behaviors that could deter a person from engaging in protected activity. The essence is not the action’s severity in isolation but its impact on the targeted individual, making the context in which it occurs critically important.

Determining if your employer’s actions against you rise to the level of a materially adverse action often involves evaluating several factors, including:

• Nature of the Action: Was the action likely to deter you or others from engaging in protected activities?

• Context: Consider the circumstances under which the action was taken. What might be insignificant in some situations could be very significant in others.

• Impact: Assess the actual or potential impact of the action on your employment, including your job performance, position, or reputation within the company.

It’s essential to note that the perception of retaliation can vary significantly from one individual to another, making the specifics of each case crucial in determining whether an action is materially adverse.

If you believe you’ve been subjected to retaliatory actions by your employer that could be considered materially adverse, it’s important to seek legal guidance. The experienced team at Cantrell Schuette, P.A., based in Atlanta, Georgia, is well-versed in employment law and dedicated to protecting the rights of employees who face retaliation in the workplace. For a free consultation and to explore how we can assist you, contact Cantrell Schuette, P.A. at (404) 474-7924 or email us at coordinator@caklegal.com. 

What Qualifies as Engagement in Protected Activities for Retaliation Claims?

In the realm of employment law, retaliation claims are critically important for protecting the rights of workers. At Cantrell Schuette, P.A., we understand the nuances and intricacies of such claims. Protected activities, essential for retaliation claims, encompass any actions by employees to assert their rights under Equal Employment Opportunity (EEO) laws. These activities include filing a discrimination complaint, participating in an investigation, lawsuit, or any EEO process, and opposing discriminatory practices by an employer.

Protected activities are broadly categorized into participation in an EEO process or reasonably opposing conduct deemed unlawful under EEO laws. Participation is safeguarded regardless of the outcome or timing of the complaint, including internal EEO processes before formal charges are filed. Opposing unlawful conduct includes acts like complaining about discrimination, refusing to obey discriminatory orders, or requesting accommodation for disabilities or religious practices. However, it is vital for employees and employers to understand that engaging in protected activities does not shield employees from legitimate disciplinary actions unrelated to their EEO activities.

At Cantrell Schuette, P.A., we are dedicated to ensuring that employees’ rights are protected while navigating the complexities of retaliation claims. If you believe you’ve faced retaliation for engaging in protected activities, our team is here to offer expert legal guidance and support. Contact us at (404) 474-7924 or coordinator@caklegal.com for a free consultation and personalized legal advice.