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        • Misclassification under Administrative Exemption
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rETALIATION

Federal employment laws prohibit punishing job applicants or employees for asserting their federally protected rights. This includes individuals rights to be free from employment discrimination, harassment, denial of minimum wage, denial of overtime compensation, interference with medical leave and other substantive rights.  

3 eLEMENTS OF RETALIATION

ELEMENT 1

Protected Activity

ELEMENT 2

Causal Connection

ELEMENT 2

Adverse Employment Action

PARTICIPATION:

Exercising federally provided substantive rights and opposing violations of federal employment laws is called “protected activity.” 

OPPOSITION:

Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit communicating with a supervisor or manager about employment discrimination, including harassment answering questions during an employer investigation of alleged harassment refusing to follow orders that would result in discrimination resisting sexual advances, or intervening to protect others requesting accommodation of a disability or for a religious practice asking managers or co-workers about salary information to uncover potentially discriminatory wages

EXAMPLES OF RETALIATORY ADVERSE EMPLOYMENT ACTIONS:

Reprimand the employee or give a performance evaluation that is lower than itshould be; transfer the employee to a less desirable position; engage in verbal or physical abuse; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police); increase scrutiny; spread false rumors, treat a family member negatively (for example, cancel a contract with the person’s spouse); or make the person’s work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities).

No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship.
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Copyright 2023 © Arciniegas Law, PLLC.
  • Home
  • About
  • Practice Areas
    • Whistleblower – Fraud
      • PPP Whistleblower
      • SEC Whistleblower
    • Wage Rights:
      • Overtime:
        • Healthcare professionals overtime rights
        • Hospitality and service employees overtime rights
      • Restaurant employees wage rights:
        • Tipped employees
      • Salaried employee wage rights:
        • Misclassification under Administrative Exemption
        • Misclassification under Executive Exemption
        • Misclassification under Professional Exemption
      • Independent Contractor wage rights:
        • Misclassification of Drivers
        • Misclassifications of Stylists
      • Discrimination Rights:
        • Leave Rights
        • Disability Discrimination
        • Gender Discrimination
        • Pregnancy Discrimination
        • Pregnancy Discrimination
        • Race Discrimination
        • Age Discrimination
        • Age Discrimination Against Women
        • Religious discrimination
      • Severance Agreement
    • Retaliation
    • Federal Sector Employees
  • Request Initial Consultation
  • Frequent Concerns