New Hampshire Retaliation Lawyers
Protecting You at Work
Retaliation happens frequently in New Hampshire. According to the Equal Employment Opportunity Commission, there were almost 26,000 complaints of retaliation discrimination in the United States for 2008. Our New Hampshire retaliation lawyers want to successfully resolve your claim.
Employers retaliate against employees for a variety of actions from complaining about unlawful discrimination to making safety complaints, reporting illegal conduct to demanding overtime pay. Retaliation can result in demotion, harassment, or even termination. You should not have to suffer workplace retaliation for protecting your rights. Douglas, Leonard & Garvey, P.C. can help you.
What is Retaliation?
An employer may not fire, demote, harass, or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, and disability prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.
Retaliation- related protection occurs when an employer takes an adverse action against an individual because he or she engaged in a protected activity.
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding.
Examples of adverse actions include:
- Employment actions such as termination, refusal to hire, and denial of promotion
- Other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance
- Any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights
Employees are protected if they have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation.
An employee’s protected activity includes:
- Opposition to a practice believed to be unlawful discrimination
- Complaining to anyone about alleged discrimination against oneself or others
- Requesting a reasonable accommodation based on religion or disability
If you are the victim of retaliation by your employer, the New Hampshire retaliation attorneys at Douglas, Leonard & Garvey, P.C. have years of experience in successfully resolving retaliation claims. We can represent you against your employer and the insurance company at the EEOC, NH Commission for Human Rights, or in court.
Q:What protections do I have if I file a discrimination charge?
A:It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding, or litigation for unlawful discrimination.
Q:What is considered retaliation under the employment discrimination statutes?
A:An employer is prohibited from taking adverse action against any employee or individual for engaging in “protected activity” under anti-discrimination statutes. Adverse actions include, but are not limited to, firing, demotion, refusal to hire, or any action which may deter individuals from reporting discriminatory conduct or otherwise engaging in protected activity under discrimination statutes.
Q:What would not be an adverse action or retaliation?
A:Adverse actions, or retaliation, do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, “snubbing” a colleague, or negative comments that are justified by an employee’s poor work performance or history.
Q:What discrimination actions have protection against retaliation?
A:All the laws enforced by the Equal Employment Opportunity or the New Hampshire Commission for Human Rights provide protection against retaliation. The American for Disabilities Act also protect individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights and their encouragement of someone else’s exercise of rights.