Employees have very specific rights in the workplace. Some of these are centered around being able to speak up when their rights are violated or when they aren’t being treated in accordance with applicable laws. These are known as protected actions.
A protected action is one that’s legally safeguarded. Employers are forbidden from retaliating against employees who engage in protected actions. This means that an employer cannot demote, terminate or take other negative employment actions based solely on the employee taking part in a protected action. Examples of common protected actions include the following.
Whistleblowing
Whistleblowing involves reporting illegal activities, unethical behavior or safety violations within the company to external authorities. Employees who do this are protected from retaliation because they help maintain a lawful and safe workplace.
Cooperating with investigations
Participating in internal or external investigations concerning workplace misconduct is a protected action. Employees who cooperate with these investigations about discrimination, harassment, fraud or any other illegal activity can’t be penalized for their participation.
Filing complaints about discrimination or harassment
Employees have the right to file complaints if they experience or witness discrimination or harassment based on characteristics like color, race, sex, national origin, disability or age. This action is protected under various laws, including Title VII of the Civil Rights Act.
Filing complaints about safety violations
Reporting unsafe working conditions or practices that violate safety regulations is a protected action. Employees can report these concerns to bodies like the Occupational Safety and Health Administration without having to worry about their employer retaliating against them.
Taking Family Medical Leave Act leave
The Family and Medical Leave Act (FMLA) enables employees who meet specific qualifications to take unpaid time off of work for certain circumstances, such as childbirth or illness. FMLA offers job protection so an employee can return to work after their justified leave.
Needing workers’ compensation
Employers can’t retaliate against employees if they suffer on-the-job injury. These employees can file workers’ compensation claims to ensure they get their medical care coverage and other benefits as needed.
Other protected actions
Additional protected actions include testifying in legal proceedings related to workplace issues. Discussing wages or working conditions with colleagues and joining or supporting labor unions are also protected.
Employees who engage in these, and any other, protected activities may opt to pursue legal action if they’re retaliated against because of their conduct. Working with a legal representative who can work to ensure that their case is handled properly can be beneficial because of the complexities of relevant laws.