An employer cannot retaliate against an employee who has made a reasonable claim of harassment, hostile work environment discrimination, failure to pay wages or because of a disability. Retaliation can take many forms, from firing to a change in employment terms and conditions (e.g., having one's office suddenly transferred to the boiler room, reducing pay, demotion or firing). An employer also cannot retaliate against an employee who cooperates in a criminal investigation of the company or testifies in a discrimination or harassment proceeding.
Even if the employer does not actually engage in harassment or discrimination, the employer can be liable for retaliation if the employer terminates an employee because the employee internally asserted a claim of discrimination or harassment, failure to pay wages, disability, pregnancy leave or other protected rights. Equally true, an employer can be liable for a claim of retaliation if the employer takes adverse employment action (i.e. demotion, salary decrease) as the result of an employee asserting such a claim, even if it turns out that there was not a valid claim. Furthermore, an employer can be liable for harassing an employee who raises concerns of discrimination or other protected activities.
Our retaliation and harassment lawyers have years of experience before both State and Federal courts, as well as the MCAD.
If you have any questions, you can contact one of our employment lawyers by phone or using the following form.