The most common basis of employment discrimination is retaliation. As of 2021, retaliation makes up approximately 56% of all discrimination charges. Further, this is a 146.9% increase from 1997, when retaliation only made up 22.6% of all charges. – CDC
What is Protected Activity?
Under federal law, the act of filing a complaint of discrimination or harassment is “protected activity.” Because it’s protected, this can make it illegal for your employer or other company leader to respond to the complaint in a disciplinary or inappropriate manner.
Examples of “protected activities” are:
- Making formal complaints to human resources or management about discrimination at work
- Taking part in a discrimination investigation or lawsuit against your company
- Filing a discrimination charge against a manager or other company leaders
Common examples of retaliation after filing a formal complaint include:
- Keeping you from attending business meetings
- Transferring you to a different department
- Withholding raise or promotion
- Giving you a negative performance review
- Making the workplace unsafe
Common Examples of Adverse Employment Action:
- Firing or demoting you
- Reducing your salary of benefits
- Changing your work schedule
- Transferring you
- Denying you a promotion or raise
