Workplace Retaliation: Common Forms Every Employee Should Know

No one should be punished for standing up against discrimination. But in far too many workplaces, employees who report misconduct face subtle or outright hostile retaliation. Whether it’s exclusion, mistreatment, or being passed over for opportunities, these behaviors can derail careers and silence individuals who speak up for what is right.

At Morgan & Morgan, we believe that every employee deserves a safe, fair, and supportive workplace. If your employer retaliates against you for reporting discrimination, that’s not just wrong; it could be illegal.

Who Protects Employees From Retaliation?

Federal law protects employees from retaliation under rules enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims where workers face negative consequences for:

• Filing a complaint of discrimination
• Participating in an investigation or lawsuit
• Opposing workplace practices that they believe are discriminatory

To prove retaliation, an employee must show that their employer took action that would deter a reasonable person from reporting misconduct. Unfortunately, retaliation is now the most common complaint received by the EEOC, making up nearly 45% of all claims, more than even race discrimination.

The Most Common Forms of Retaliation at Work

Not all retaliation looks like immediate termination. Some of the most harmful forms are subtle and drawn out. Here are some of the most frequently reported retaliatory behaviors, according to the National Business Ethics Survey of the U.S. Workforce:

Being Excluded From Work Activities

Retaliation doesn’t always mean being fired; it can also look like being left out. Many people who have experienced retaliation are then excluded from meetings and work-related decisions. 

Being excluded from important conversations, planning sessions, or training opportunities can significantly impact an employee’s performance and career development. For example, if you're not invited to a business meeting where key decisions are made, or denied access to training needed for your role, that could be a form of retaliation.

Hostile or Abusive Behavior

After reporting discrimination, many employees experience sudden hostility from supervisors or coworkers. This includes being intentionally ignored, treated differently, or subjected to verbal abuse.

Workplace bullying is emotionally exhausting, and it becomes illegal when it’s tied to a prior complaint about discrimination. You don’t have to accept mistreatment as the cost of speaking up.

Denied Raises or Promotions

Employers are prohibited from taking negative action against employees because they exercised their rights. That includes denying promotions, raises, or other professional growth opportunities as a form of retaliation.

While it’s normal for promotions to be competitive, nearly half of the employees who reported discrimination said they were passed over afterward, despite having valid qualifications.

If you believe you were unfairly denied a raise or advancement after filing a complaint, it’s important to ask for documentation or reasoning. If the justification isn’t legitimate, you may have a retaliation claim.

What You Can Do if You’ve Experienced Retaliation

Retaliation can make you feel isolated and powerless, but you have legal options. Here’s how the process works:

• File a complaint with the EEOC – This is the first step in initiating an investigation.
• Wait for a determination – If the EEOC believes your complaint has merit, they may attempt to resolve it between you and your employer.
• Legal action – If no resolution is reached, the EEOC may file a lawsuit on your behalf or issue a “right to sue” letter allowing you to take legal action directly.

We’re For The People.

At Morgan & Morgan, we fight for employees who’ve been silenced, mistreated, or pushed out for doing the right thing. If you believe your employer retaliated against you for reporting discrimination or harassment, you don’t have to face this alone.

Complete our free, no-obligation consultation form today to discover how we can assist you.