Protected activities safeguard workers from retaliation when addressing workplace issues like discrimination, safety, or fair wages. Learn key examples and legal frameworks to ensure employee rights are upheld.
By Brad Nakase, Attorney
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What kinds of activities are protected from retaliation in the workplace? Many workers who are subjected to discrimination in the workplace, who are subjected to hazardous conditions at work, or who are paid salaries that are inadequate in comparison to those of others in their industries frequently question what they can do to bring about change in their places of work.
As a result of the decline of unions and the prevalence of abuses in small companies, employees sometimes feel helpless to speak out against their employers when they encounter such issues. This is not the case. All employees, regardless of union membership, have specific organizational rights under the National Labor Relations Act (NLRA), a workers’ rights statute passed during the Great Depression.
Workers’ rights advocates drafted the NLRA to ensure they could legally gather in unions to voice their disapproval of low wages or other unfair business practices without fear of retaliation. Employees have the right to participate in “protected activities” without fear of retaliation or termination under the NLRA’s Sections 7 and 8. In particular, Section 7 ensures that all workers have the option to form unions, and Section 8 permits workers to take part in initiatives to better their conditions at work.
Luckily, protected activity covers a lot of ground. Any effort by two or more workers to better working conditions is considered a protected coordinated activity under the NLRA. Any number of changes, such as more money, more favorable working hours, safer working environment, or less work, can be proposed. Even if an individual employee isn’t directly involved in any protected concerted activity, their actions involving other employees or their representation of a group of employees might qualify.
There are many different kinds of protected activities that employees can participate in; nonetheless, a workers’ strike is the classic example. Indeed, protected activity encompasses all forms of protest, be they official, informal, noisy, quiet, big, little, obvious, or private. Protected activities include, but are not limited to, posting a notice board in which employees express their opinions on salary, working conditions, or other issues.
To further understand the breadth of Section 8 of the NLRA, let’s look at a current case study that makes use of contemporary technologies. Workers who photograph potentially dangerous workplace situations and share them online while also brainstorming ways to address them are participating in a legally protected activity. The formation of online groups on social media sites like Facebook to address issues at work is also a kind of protected activity.
The National Labor Relations Act (NLRA) states that companies must allow workers to form unions in order to better their working circumstances. The National Labor Relations Board (NLRB) is a federal organization responsible for regulation of employers and enforcement of the National Labor Relations Act (NLRA).
In the event that an employer unlawfully retaliates against employees who are participating in protected activities, the employees have the right to seek assistance from this board. Employees also have the option of consulting with legal counsel to safeguard their right to organize a workplace strike or other form of collective action.
Employees have a right to engage in certain protected activities without worrying that their employer may punish them. A few examples of what falls under this category are:
In order to better comprehend the wide variety of acts that are protected by workplace retaliation rules, it is helpful to provide employees with particular examples.
Several federal and state statutes enacted to preserve the rights of employees provide the legal basis for protected actions. A few important statutes are:
Workers who take the time to familiarize themselves with these rules and regulations will be better able to identify situations in which their behavior is shielded from legal liability.
Serious legal ramifications may befall employers who punish workers for participating in protected activities. These are some of the possible outcomes:
It’s important to follow anti-retaliation rules, and these consequences make employers less likely to do things that are against the law.
Workers are guaranteed an environment free from retaliation whenever they participate in legally protected activities. Consequently, it is the duty of employers to:
Putting an emphasis on these rights and obligations helps to foster an environment in the workplace that is fair and respectful.
To prove retaliation, one must show that the employer’s negative behavior was related to the protected activity. Important proof may consist of:
If an employee decides to take legal action, having guidance on how to gather evidence can help them construct a compelling case.
Here are some things to think about if you feel you’ve been the target of retaliation:
Remember to capture every detail. Make sure to record the dates, descriptions, and names of any witnesses associated with incidents. Then make a formal complaint to the appropriate agency, such as the EEOC, or use your company’s internal grievance process to report the retaliation. To learn your rights and options, it is advisable to seek the advice of an attorney who focuses on employment law. You can safeguard your rights and get justice by taking these preventative measures.
Keeping a positive work environment free of retaliation is of the utmost importance. Companies should follow these guidelines:
It is possible to create a safer and more welcoming workplace by taking preventative actions.
1. If an employer disagrees with the employee’s complaint, is it possible for them to take retaliatory action?
No, it doesn’t matter whether or not the employer thinks the complaint is justified; it is still illegal to retaliate.
2. Is dismissal of an employee the only kind of retaliation?
Retaliation can take many forms; some examples include demotion, harassment, and poor performance ratings.
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