Is retaliation in the workplace always illegal? | John A. Klassen, P.A.
Retaliation is only illegal if the action that took place before is protected by law. Generally, retaliation against sexual harassment, racial discrimination and concerted workplace activities is almost always illegal. Even an unfounded complaint can be protected, therefore making retaliation illegal, but this is not always the case. The question often hinges around whether the complaining employee sincerely believed that what they reported was illegal.
Not all cases of discrimination and harassment are distinctly visible, which is why employees may be confused about what rights they have and what will happen if they complain. Speaking about one's situation with an experienced attorney may prove helpful in that case.
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