If you reported discrimination at work and now your employer is treating you unfairly, you may be a victim of retaliation. Retaliation is illegal under both federal and Illinois law, and employees have the right to report discrimination without fear of punishment.
This guide explains what workplace retaliation looks like, how to prove it, and what legal options you have. If you believe your employer is retaliating against you, contact our law firm today to protect your rights.
What Is Workplace Retaliation?
Retaliation happens when an employer punishes an employee for reporting discrimination, harassment, or illegal conduct. This punishment does not have to be an outright firing – any negative change in your work conditions can be considered retaliation.
Examples of Workplace Retaliation
- Being fired, demoted, or suspended after reporting discrimination
- Receiving negative performance reviews after making a complaint
- Being excluded from meetings, projects, or training opportunities
- Facing increased workload or unreasonable deadlines
- Being moved to a less desirable position or shift
- Harassment or hostility from managers or coworkers after reporting an issue
If your employer takes any action that makes your job harder because you filed a complaint, you may have a retaliation claim.
What Laws Protect You from Retaliation?
Several laws protect employees from retaliation, including:
Illinois Human Rights Act (IHRA)
- Covers all Illinois employees, no matter how small the employer is.
- Prohibits retaliation for reporting discrimination, harassment, or workplace violations.
Title VII of the Civil Rights Act
- Covers employers with 15 or more employees.
- Prohibits retaliation against employees who report race, gender, age, religion, or disability discrimination.
Whistleblower Protection Laws
- Protect employees who report illegal activity in the workplace.
- Retaliation for reporting fraud, safety violations, or labor law violations is illegal.
How to Prove Retaliation
To win a retaliation case, you must show:
1. You engaged in a protected activity
- Filing a discrimination complaint
- Reporting harassment
- Cooperating with an investigation
- Opposing workplace discrimination
2. Your employer took adverse action against you
- You were fired, demoted, given bad reviews, or treated unfairly.
3. The retaliation was linked to your complaint
- The negative action happened soon after you reported discrimination.
- Your performance was fine before you made the complaint.
- Your employer suddenly changed their behavior toward you.
Steps to Take If You Are Facing Retaliation
1. Document Everything
- Keep a timeline of events, including when you reported discrimination and when retaliation started.
- Save emails, text messages, and performance reviews to show a pattern of unfair treatment.
- If coworkers witnessed retaliation, ask them for statements.
2. Report the Retaliation
- File a complaint with HR to create a record of the retaliation.
- If your company has a whistleblower or grievance policy, follow their procedures.
3. File a Legal Complaint
If your employer ignores your complaint or continues retaliating, you can file a claim with:
- Illinois Department of Human Rights (IDHR) (covers all Illinois workers)
- Equal Employment Opportunity Commission (EEOC) (for federal claims)
- Chicago Commission on Human Relations (CCHR) (for employees in Chicago)
4. Speak with an Attorney
Retaliation cases can be complicated, and employers often make excuses to justify their actions. An experienced employment attorney can:
- Help you gather evidence and prove your case.
- File legal complaints and meet deadlines.
- Negotiate a settlement for lost wages, emotional distress, or reinstatement.
What Compensation Can You Recover?
If you win a retaliation claim, you may be entitled to:
- Back pay (wages lost due to firing or demotion)
- Reinstatement if you were fired
- Compensation for emotional distress
- Punitive damages (if your employer acted maliciously)
- Attorney’s fees and legal costs
Why You Should Take Action Now
Retaliation can make your work life miserable and put your career at risk. You do not have to tolerate it. Illinois law protects employees from retaliation, but you need to act quickly to enforce your rights.
If your employer is retaliating against you for reporting discrimination, contact our law firm today. We can help you build your case, file complaints, and fight for the compensation you deserve.