How to Handle Workplace Retaliation Under Pennsylvania Employment Law
Workplace retaliation is a serious concern for many employees in Pennsylvania. Understanding your rights and how to navigate these situations can empower you to advocate for yourself effectively. In this article, we will cover key steps for handling workplace retaliation under Pennsylvania employment law.
1. Know What Constitutes Retaliation
Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination, filing a complaint, or participating in an investigation. In Pennsylvania, retaliation can manifest in various ways, including wrongful termination, demotion, denial of promotion, or any other negative employment action.
2. Document Everything
If you believe you are experiencing retaliation, it is crucial to document all related incidents meticulously. Keep records of dates, times, locations, and descriptions of the events. This can include emails, performance reviews, and notes from conversations. This documentation will be vital in substantiating your claims should you need to take further action.
3. Know Your Rights Under Pennsylvania Law
Pennsylvania law provides protections against workplace retaliation under various statutes. The Pennsylvania Human Relations Act (PHRA) prohibits retaliation against individuals for filing a discrimination complaint or participating in an investigation. Furthermore, federal laws such as Title VII of the Civil Rights Act and the Age Discrimination in Employment Act also offer protection against retaliation.
4. Report the Retaliation Internally
Before taking legal action, it is often advisable to report the issue through your employer's internal channels. This can involve filing a complaint with your HR department or a designated official. Make sure to follow your company’s procedures for reporting retaliation, as doing so can provide you with additional protection and may help resolve the issue amicably.
5. Seek Legal Advice
If the retaliation continues or if you face severe repercussions, consider consulting with an attorney specializing in employment law. An attorney can help you understand your rights and guide you on the best course of action to take. They can also assist you in filing a complaint with the Pennsylvania Human Relations Commission or even pursuing a lawsuit if necessary.
6. File a Complaint
If internal reporting does not lead to a resolution, you can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). Be aware of the time limits for filing these complaints, which are typically within 180 days of the incident.
7. Stay Professional
During this challenging time, it’s essential to maintain professionalism in the workplace. Avoid confrontations with your employer or colleagues, as these can be used against you. Focus on your work and continue to document any further incidents of retaliation.
8. Know the Consequences for Employers
Employers in Pennsylvania can face serious consequences for retaliatory actions. If an employee successfully proves retaliation, a court may order the employer to pay damages, including lost wages, emotional distress, and punitive damages in some cases. Additionally, companies may face reputational damage and loss of employee trust.
Conclusion
Handling workplace retaliation in Pennsylvania can be daunting, but understanding your rights and appropriate steps can greatly assist you. By documenting incidents, seeking legal advice, and utilizing internal reporting mechanisms, you can protect yourself and work toward a resolution. Remember, retaliation is against the law, and you have the right to work in an environment free from fear of retaliation.