Workplace Inclusion

You have a responsibility to not retaliate against employees for engaging in protected activity under the federal equal employment opportunity laws. In general, this means that you can’t take adverse actions, such as: 

• firing,
• rejecting for a job or promotion,
• giving lesser assignments,
• forcing to take leave, or
• otherwise negatively altering the terms and conditions of employment for an individual because they complained about discrimination (whether the alleged discrimination was directed at them or another employee), or otherwise engaged in protected activity, or taking an action that could dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity because they complained about discrimination, whether the alleged discrimination was directed at them or another employee. 

Your employees have the right to file a complaint about discrimination in court or with a federal agency, file a Charge of Discrimination with the EEOC, or participate in an employment discrimination investigation or lawsuit without being retaliated against by you. Punishing applicants or employees for asserting their rights to be free from discrimination or harassment can violate the law. 

You aren’t allowed to retaliate against employees for engaging in protected activity, such as: 

• filing or being a witness in a discrimination complaint, investigation, or lawsuit,
• communicating with a supervisor about employment discrimination or harassment,
• answering questions during a discrimination or harassment investigation,
• refusing to follow orders that would result in discrimination, or otherwise opposing discrimination, 
• resisting sexual advances or intervening to protect others,
• requesting accommodations for a disability or religious practice, or
• asking about salary information to uncover potentially discriminatory wages.

You may discipline or fire an employee if there is a non-retaliatory and non-discriminatory reason that would otherwise result in such consequences. However, you aren’t allowed to do anything in response to an equal employment opportunity activity that would discourage someone else from resisting or complaining about discrimination. 

Employees are protected against retaliation regardless of their immigration status. Retaliation based on immigration status can include actions like threats to call immigration authorities, a request for new I-9 employment verification documents or Social Security number information, and employer efforts to call the police and involve immigration authorities.