Learn about some of the Warning Signs of Age Discrimination
The laws which protect an employee from workplace harassment are all based on the same laws which protect an employee from workplace discrimination. Essentially, what every law says is that because an employer cannot treat an employee differently, based upon the employees race or sex or religion or national origin or disability or age, that employer also cannot subject an employee to harassment because of that employee’s membership in the same protected category. This means that if you are being harassed because of your sex, then that is sexual harassment. If you are being harassed because of your race, that is racial harassment. Each different form of harassment is equally illegal and equally protected.
An employee’s job is protected from retaliation for the employee having engaged in protected activity. What the law defines as protected activity varies somewhat from state to state. However, there are certain elements which are going to be common to every employment situation.
An employer cannot take adverse employment action against an employee for complaining of unlawful employment discrimination. An employer similarly cannot take adverse employment action against an employee for participating in an EEOC process. An employer also cannot retaliate against an employee for bringing a complaint of violation of the Fair Labor Standards Act (FLSA) or other federal laws designed to protect the employee. In addition to these Federal Laws, there are also state laws which protect employees from being terminated or having adverse employment action taken against them in violation of each state’s separately defined public policy.
Examples of this protection include what is commonly known as whistleblower retaliation. Whistleblower retaliation is an instance when an employee is terminated or has other adverse employment action taken against him or her because the employee refuses to remain silent about or refuses to engage in illegal activity. An employee is also protected for filing a complaint of workers’ compensation. In addition, most states will protect an employee from retaliation for serving on a jury.