Retaliation often arises when an employee reports or opposes workplace discrimination. A discriminatory employer might also retaliate against certain workers in petty ways simply because of an unfair bias.
It is illegal for employers to retaliate against workers who act against discrimination. Understanding the signs of retaliation can help employees protect their rights and address workplace discrimination effectively.
Common forms of retaliation
Retaliation usually refers to the negative actions an employer takes against an employee because they filed a complaint or raised concerns about discrimination. Some common examples include termination, demotion, pay cuts or changes in job responsibilities. In Kentucky, these actions can violate the Kentucky Civil Rights Act if they relate to the employee’s protected activity, such as reporting discrimination.
Retaliation does not always involve obvious actions like termination. Employers may also retaliate by isolating the employee, giving them undesirable tasks or subjecting them to increased scrutiny. These subtler forms of retaliation can create a hostile work environment and make it difficult for the employee to perform their job.
Understanding protected activities
Employees in Kentucky have the right to engage in activities that challenge discriminatory practices. Filing a complaint, such as to one’s own HR department, is an example of a protected activity. Employees also have protection when they participate in investigations or testify in discrimination cases.
If an employee faces adverse actions after engaging in these activities, it may be an example of retaliation. It is important to recognize that retaliation can occur even if the original discrimination complaint was not proven. Kentucky law still protects employees from retaliation as long as they acted in good faith.
What to do if retaliation occurs
Employees who believe they have experienced retaliation in the workplace should document the incidents and gather evidence to support their claims. This includes keeping records of dates and all interactions with supervisors. In Kentucky, employees can file a retaliation complaint with the Kentucky Commission on Human Rights to seek recourse and hold employers accountable for discriminatory practices.
Recognizing retaliation is key to addressing workplace discrimination. Both big and small forms of retaliation can be signs of a larger discrimination problem.