G I Joe Retaliation 2

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Retaliationis the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. As EEOC works to address this issue, you can help.

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.

Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination.

Retaliation occurs when an employer penalizes an employee for asserting their workplace rights. To assert your rights, it can be as simple as privately speaking with human resources about how you are being treated, or it can be as strong as filing a complaint in court against your employer. You have a right to learn about your rights, to question how those rights are applied to you, to report violations of those rights, and to demand those rights without interference from your employer in asserting those rights.

Retaliation for asserting your rights can take many forms. It can include: getting fired, getting a poor performance review, changed salary, increased oversight on job duties, changed workplace responsibilities, getting denied a raise, getting excluded from meetings that you would typically attend, getting transferred, and many other scenarios.

Typically, any change that comes from asserting your rights, that adversely impacts your employment, and would deter someone in a similar situation from asserting their rights would be considered retaliation.

Even if your specific situation is not listed here, you are likely covered under the New Jersey Conscientious Employee Protection Act, which protects employees who report employer practices that they believe to be unlawful. See N.J.S.A. 34:19-3.

The New Jersey Law Against Discrimination (LAD), enforced by the New Jersey Division on Civil Rights (DCR), protects you from discrimination and harassment based on actual or perceived race, national origin, religion, disability, and other protected characteristics in employment. Under the LAD, an employer cannot discriminate against you because of a protected characteristic and must take reasonable steps to stop harassment if they knew or should have known about it, regardless of whether the harasser is a coworker or supervisor.

If you believe you have been retaliated against, one step would be to talk to your supervisor or someone from human resources about the reason for the negative employment action against you. It is possible there is a legitimate explanation for the change and the issue can be simply resolved by communication.

However, that is not always the case and your employer may not be able to express any legitimate reason for the negative change. It may require your employer hearing from the Department of Labor & Workforce Development directly to end the retaliation being taken against you. If you would like to speak with us about the retaliation you are experiencing, please contact us at 609-292-2305. Although we do not require documentation to talk about your workplace rights, it is always wise to keep documentation about the issues you are experiencing should you need to consult a lawyer.

Due to maintenance, the online retaliation complaint system will be unavailable from Friday, May 29 at 5:00 p.m. Pacific Time, to Monday, June 1 at 8:00 a.m. Pacific Time. If the system is not available, please try again later.

Workplace discrimination complaints based on race, color, ancestry, religion, age (40 and over), sex (including pregnancy), sexual orientation, marital status, or national origin (including language restrictions), should be filed with the Department of Fair Employment and Housing.

The Department of Industrial Relations (DIR) recognizes the importance of communicating effectively with individuals, including those with limited English proficiency. DIR is making an effort to provide meaningful services for individuals that speak languages other than English.

You can file a complaint with the Bureau of Labor and Industries (BOLI) if you think your employer is discriminating or retaliating against you. Complaints alleging retaliation must be filed within one year of when the retaliation occurs.

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Does the ninth PPP include retaliation for filing an EEO complaint?

As stated above, retaliation for exercising appeal, grievance, or complaint rights is generally covered by 5 U.S.C. 2302(b)(9). In addition, MSPB recognizes a claim of retaliation for filing a discrimination complaint, as opposed to, for example, retaliation for filing a grievance, as equivalent to prohibited discrimination under 5 U.S.C. 2302(b)(1). See Mahaffey v. Department of Agriculture, 105 M.S.P.R. 347, 20 n.8 (2007). Significantly, this categorization of retaliation for filing a discrimination complaint can lead to situations where MSPB will review an agency action that might otherwise have been barred from review under a collective bargaining agreement. 5 U.S.C. 7121(d).

Oregon State University is committed to creating and maintaining an equitable and inclusive working and learning environment. All individuals who are participating in university programs and activities, and all those who apply to participate in university programs and activities, have the right to do so fully, free from prohibited retaliation.

EOA documents any reports made to EOA that involve potential unlawful retaliation. Individuals are encouraged to promptly report concerns to EOA or to otherwise document any incidents involving conduct that may constitute retaliation.

EOA can provide information on available rights and resources and consultation to individuals even if they do not submit a formal complaint to EOA and even if they do not want to proceed with a resolution into their situation. For individuals seeking a resolution through EOA, several informal resolution options are available or EOA may proceed with an investigation when the alleged conduct could violate OSU policy.

OSU employees who are represented by a union are encouraged to consult with their union steward or collective bargaining agreement immediately if they plan to bring a concern to EOA, as consulting with EOA may impact deadlines or employee rights under their respective collective bargaining agreement.

In order to protect the safety of the campus community, there are some circumstances under which EOA may need to proceed with an investigation or other appropriate action even if the person reporting specifically requests that the matter not be pursued.

There are confidential offices on and off campus who can hear concerns and provide support, but are not required to take action with the information. See Resources for confidential campus and community resources or contact the University Ombuds Office, which is a confidential university resource available to all students and employees.

OIE recognizes that individuals may be hesitant to file a report with OIE or to participate in an OIE investigation due to fear of negative consequences from the accused person or others. This fear can be heightened when the power dynamics favor the accused individual over the reporting individual or witness. Both the Sexual Misconduct Policy and Procedures (SMPP) and the Discrimination and Harassment Policy and Procedures (DHPP) strictly prohibit retaliation, using a broad definition to encourage reporting and to deter retaliatory actions:

Retaliation means intimidating, threatening, coercing, harassing, taking adverse employment or educational action against, otherwise discriminating against an individual in any way, and/or interfering with any right or privilege secured by Title IX or its regulations because:

As you can imagine, the development and implementation of a successful Anti-Retaliation Plan requires consultation and coordination with individuals who have insight into the responsibilities and interests of both parties. OIE helps to facilitate the needed collaboration to establish an Anti-Retaliation Plan.

Notably, the implementation of an Anti-Retaliation Plan is not an assumption or determination that the respondent otherwise would have retaliated. Instead, the plan provides assurances to the individual who fears retaliation, while protecting the accused party from allegations of retaliation by removing or distancing them from decisions that could result in such a claim.

If concerns of retaliation are preventing you from filing a report with OIE or from participating in an OIE investigation, please contact OIE to discuss your concerns and a potential Anti-Retaliation Plan to address them.

Some tenants fear that their landlord will punish them if they complain about problems with their apartment. This kind of punishment is called "retaliation." Section 92.331 of the Texas Property Code describes unlawful landlord retaliation, noting:

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