What is retribution?

Retaliation occurs when an employer punishes an employee for exercising his or her rights or reporting harmful or illegal practices in his or her organization.

What are examples of retaliation?

Retaliation includes  , but is not limited to, the following:

• Increased scrutiny
• Reprimands or unfair poor  performance reviews
• Attack on employee's reputation
• Verbal or physical abuse
• Threats made to employee's family members
• Reporting (or threatening to report) an employee’s immigration status to authorities
• Deprecation
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What is the difference between vengeance and retribution?

Both retribution and retribution involve punishing a person in response to his or her past ""wrongdoing,"" but the intentions behind the punishment differ. While retribution is motivated by personal reasons, including revenge, vengeance arises from a desire to achieve justice.

For example, if a manager fires an employee for reporting sexual harassment in order to protect his own reputation, this is retaliation.

However, the executive team’s decision to fire the manager for sexually harassing the employee would be retaliation.

Is retaliation always illegal?

In short, no. Other reasons can also result, and  an employee falsely claiming retaliation  is not immune from a lawful termination. Retaliation  is only illegal when employers punish employees for actions that   are protected by  Equal Employment Opportunity Commission (EEOC) laws such as:

• Title VII of the Civil Rights Act of 1964
• Equal Pay Act 1963(EPA)
• Age Discrimination in Employment Act of 1967 (ADEA)
• Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
• Civil Rights Act of 1991
• Sections 501 and 505 of the Rehabilitation Act, 1973
• Genetic Information Nondiscrimination Act 2008 (GINA)

Here are some examples of when employers  cannot  discipline employees  , because these are legally protected actions:

• Refusing to comply with orders that could result in discrimination
• Communicating with management about employment discrimination, including harassment
• Resisting advances towards others for sexual favors or intervening to protect others
• Answering questions during an employer investigation of alleged harassment
• Requesting an accommodation for a disability or religious practice
• Asking managers or co-workers for salary information to uncover potential pay discrimination

Example of Illegal Retaliation

Suppose Mary complains about the disparity in pay between her and a male colleague for the same position. As a result, her manager demotes her.

 Her employer's retaliation was unlawful because Mary had reason to believe she was being discriminated against. Furthermore, Mary's claim is protected under the EEOC, specifically, the  Equal Pay Act of 1963 .

Example of Legal Retaliation

Imagine that an employee, Judy,  filed a false sexual harassment  complaint in order to obtain the position of her coworker (the alleged perpetrator). In this case, the employer has the right to take action and legally fire Judy.

Can an employer fire an employee as retaliation?

Yes, an employer can fire an employee as a form of retaliation. But it is important to see whether the dismissal is legal or illegal.

As noted above, this would only be considered wrongful termination if the employee’s complaint is protected by EEOC laws.

Can an employer fire a witness out of retaliation?

According to the EEOC  , employers cannot punish an employee for serving as a witness in an EEOC complaint.

What is the punishment for retaliation?

If the employer is found guilty of retaliation, they  must provide compensation to the employee  , which may include the following:

• Back pay for compensation the defendant received as a result of the retaliation  such as lost wages, lost fringe benefits, and retirement contributions
• Advance payments for loss of future earnings such as promotions and other career-related losses 
• Compensatory damages cover losses caused by retaliation such as pain and suffering, job search costs, and loss of reputation