Health care professionals have a responsibility to patients and each other to always prioritize safety and health. Therefore, it is important that workers feel comfortable enough to report any violations of state and federal law that occur in the workplace. Common complaints may include:
- Safety and environmental violations (e.g., OSHA violations)
- Illegal activities (fraud, etc.)
- Discrimination based on age, sex, race, etc.
- Sexual or general harassment
- Wage-and-hour violations (e.g., FLSA violations)
When an employee reports unlawful behavior, employers have an obligation to take these complaints seriously and conduct internal investigations, as well as cooperate with any federal investigations that occur. Under Title VII, employers are also legally prohibited from retaliating against the employee who filed the complaint. Retaliation occurs when the employer takes adverse action against the employee solely for reporting the unlawful activity. Adverse actions may include:
- Termination
- Demotion
- Denial of a promotion
- Reduction of pay
- Reduction of hours
- Deprivation of benefits
- Transfer to a lower-level position
- Transfer to a lower-quality work environment
Proving a retaliation claim
If an employer takes adverse action against an employee for exercising their legal rights, the employee may file a whistleblower/retaliation claim for damages. These damages may cover back pay, front pay, and emotional distress.
Under Title VII of the Civil Rights Act of 1964, you can prove a retaliation claim by establishing the following elements:
- You engaged in a protected activity (e.g., filing a complaint).
- You were subjected to an adverse action by your employer.
- There was a causal connection between the protected activity and the adverse action.
You will need substantial evidence to prove your retaliation claim. This evidence may come in various forms, including emails, voicemails, notes, performance reviews, and witness testimony. Reach out to our trusted attorneys at Alan C. Olson & Associates to guide you through the process.
