When you raise concerns about illegal or unethical conduct in your workplace, whether it’s regarding harassment, discrimination, or unsafe working conditions, you expect to be heard, not punished. Unfortunately, this is not always the case. Many employees face retaliation after they speak up against such issues, and the results can be damaging both professionally and personally. If you find yourself punished for raising legitimate concerns, it’s important to understand your rights and take the proper steps to protect yourself.
In El Paso, Texas, as well as across the United States, there are laws in place to protect employees from retaliation. However, retaliation can take many forms, and it’s not always easy to recognize or prove. In this guide, we will discuss what workplace retaliation is, how it can manifest, the legal protections available to you, and the steps you can take if you believe you have been retaliated against for speaking up.
What Is Workplace Retaliation? 
Workplace retaliation occurs when an employer takes negative action against an employee as a direct response to the employee engaging in a legally protected activity. These activities can include reporting illegal activity, filing a complaint, participating in an investigation, or advocating for changes that benefit other employees. Retaliation is prohibited by both federal and state laws, which aim to protect employees who stand up for their rights or the rights of others.
Examples of Retaliation:
- Job Termination or Demotion: The most obvious form of retaliation is being fired or demoted after reporting unethical practices or making a formal complaint.
- Reduction in Pay or Hours: An employer might reduce an employee’s salary or cut their work hours in retaliation for speaking up about an issue.
- Harassment or Hostile Work Environment: Retaliatory behavior can also involve creating a hostile or uncomfortable work environment, including verbal abuse, intimidation, or bullying.
- Disciplinary Actions: Employers might issue unwarranted warnings or write-ups that are not based on performance but on retaliation for whistleblowing.
- Exclusion or Negative Job Assignments: Being passed over for promotions, special projects, or other opportunities as a form of punishment.
While retaliation can take on many forms, it is important to understand that any adverse action taken by your employer because of your protected activity is illegal. It is a violation of your rights as an employee.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Legal Protections Against Retaliation in El Paso
Employees in El Paso, Texas, have several legal protections against retaliation. The laws that protect against workplace retaliation are both federal and state-based.
- Federal Laws
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination and retaliation. These laws protect employees who report issues related to discrimination, harassment, wage violations, or unsafe working conditions. Some of the key federal laws protecting employees from retaliation include:- Title VII of the Civil Rights Act of 1964: Prohibits retaliation for reporting discrimination based on race, color, religion, sex, or national origin.
- The Fair Labor Standards Act (FLSA): Prohibits retaliation for reporting wage and hour violations, such as failure to pay overtime.
- Occupational Safety and Health Act (OSHA): Protects employees from retaliation for reporting workplace safety violations.
- Texas Labor Code
In addition to federal protections, employees in Texas are also covered by state laws under the Texas Labor Code. These laws prohibit retaliation against employees who report violations of state laws, including employment discrimination, workers’ compensation claims, and issues related to child labor laws. - Whistleblower Protection
Texas has specific whistleblower protections in place for state employees and certain other employees. If you report a violation of state law, regulation, or policy, your employer is prohibited from retaliating against you. - EEOC Process
If you believe you have been retaliated against, you can file a complaint with the EEOC. The agency investigates complaints of retaliation and discrimination. If they find merit in your claim, they may pursue legal action against the employer on your behalf.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
How to Recognize Retaliation
Recognizing workplace retaliation can be difficult, especially because it often occurs after an employee has reported a concern or taken action. Sometimes, retaliation is subtle, such as a reduction in job duties or a negative change in how you’re treated by colleagues. Other times, it is overt, such as being fired or passed over for a promotion. Below are some signs that you may be experiencing retaliation:
- Timing: Retaliation often occurs soon after you engage in a protected activity, such as reporting harassment or discrimination, filing a safety complaint, or participating in an investigation.
- Unexplained Changes in Behavior: Your employer or coworkers may begin to treat you differently after you speak up. This can include being excluded from meetings, having your work criticized unfairly, or being left out of opportunities.
- Changes in Your Job Responsibilities: Employers may take away your responsibilities, reassign you to less important tasks, or even transfer you to a less desirable position as a form of retaliation.
- Negative Performance Reviews: If your performance has been satisfactory but suddenly drops in your employer’s assessment, this could be a form of retaliation.
- Increased Scrutiny: An employer might begin to monitor your work more closely than before, citing concerns about productivity or performance.
What to Do If You Are Retaliated Against
If you believe that you have been retaliated against in your workplace, it is crucial to take the right steps to protect your rights and pursue a claim if necessary. The following actions can help safeguard your position and ensure you are treated fairly:
- Document Everything
The first step in any retaliation claim is to document everything. Keep a detailed record of any incidents of retaliation. Write down dates, times, people involved, and the nature of the retaliatory actions. Documentation may include emails, text messages, memos, or notes from conversations. This evidence is critical if you need to prove your case. - Report the Retaliation Internally
Many companies have an internal process for handling complaints. If you haven’t already done so, report the retaliation to your employer or HR department. Be sure to follow the company’s reporting procedures, which may include submitting a formal written complaint. - File a Complaint with the EEOC or Texas Labor Department
If the issue is not resolved internally or if you fear further retaliation, you can file a complaint with the EEOC or the Texas Workforce Commission (TWC). The EEOC investigates claims of retaliation and discrimination. In Texas, the TWC handles certain employment-related complaints, including retaliatory actions related to workers’ compensation claims. - Consult an Employment Attorney
Workplace retaliation cases can be complex, and proving retaliation can be difficult without the proper legal guidance. If you are facing retaliation, it’s important to consult an attorney who specializes in employment law. An attorney can help you understand your rights, advise you on the best course of action, and help you file a legal claim if necessary. - Consider Legal Action
If the retaliation continues or your employer fails to resolve the issue, you may need to pursue legal action. A successful retaliation claim could result in damages, including lost wages, emotional distress, and compensation for your legal fees. An attorney can help you navigate the legal process and ensure that your rights are protected.
How Chavez Law Firm Can Help You
At Chavez Law Firm, we are committed to protecting the rights of employees in El Paso, Texas. If you believe you have been retaliated against for speaking up, our team of experienced attorneys can help you navigate the complexities of retaliation claims. We offer free consultations, and we are here to provide you with the guidance and representation you need to take action and hold your employer accountable. Contact us today to discuss your situation and learn how we can help you protect your rights.