Is There a Difference Between Retaliation & Discrimination?

In the workplace, two of the most serious legal issues that employees face are discrimination and retaliation. Although these terms are often used interchangeably, they refer to different types of unlawful conduct that can severely impact an employee’s career and well-being. If you are experiencing either workplace discrimination or retaliation in the workplace, it’s essential to understand the differences between the two, the legal protections available to you, and when to seek help from a workplace discrimination lawyer or retaliation lawyer.

What is Discrimination in the Workplace?

Workplace discrimination occurs when an employee is treated unfairly based on a characteristic protected by law. These characteristics are typically referred to as protected classes and include factors like race, gender, age, sexual orientation, disability, religion, national origin, or pregnancy. Discrimination can manifest in various forms, such as:

• Differential treatment: If an employer treats an employee differently due to their race, gender, or another protected characteristic, this could be discriminatory. For example, offering fewer opportunities for advancement to women, or paying employees of different races different wages for the same job, is unlawful discrimination in the workplace.
• Harassment: Harassment based on a protected characteristic can create a hostile work environment. This includes offensive jokes, slurs, or derogatory comments made about an individual’s race, religion, gender, or other protected traits. Workplace harassment lawsuits often stem from this type of discrimination.
• Unlawful firing or demotion: If an employee is fired, demoted, or denied a promotion because of their protected class status, it is considered unlawful discrimination. For instance, if a pregnant employee is demoted because of her pregnancy, it is likely a violation of discrimination laws.

What is Retaliation in the Workplace?

Retaliation occurs when an employer punishes or takes adverse action against an employee for engaging in legally protected activities. This is distinct from discrimination because retaliation typically follows an action by the employee that is legally protected, such as reporting workplace harassment, filing a workplace harassment lawsuit, or participating in an investigation or proceeding related to discrimination or other unlawful conduct.

Here are some examples of retaliation:

• Firing or demoting an employee after they file a complaint about workplace harassment or discrimination.
• Changing an employee’s job duties or responsibilities in response to a discrimination complaint or other protected activity.
• Denying an employee a promotion or benefits because they complained about workplace discrimination or harassment.

Employers are prohibited from punishing employees for asserting their legal rights. If an employee believes they have been retaliated against for standing up to discrimination or harassment, they can seek legal recourse with the help of a retaliation lawyer.

The Key Differences Between Retaliation & Discrimination

The main difference between retaliation and discrimination lies in the motive behind the action and the employee’s behavior:

• Discrimination: Involves unfair treatment based on a person’s inherent traits such as race, gender, disability, or religion. Discriminatory actions do not depend on what the employee did; they are based purely on who the employee is.
• Retaliation: Occurs when an employee is punished for engaging in a legally protected activity. Retaliation is linked to the employee’s actions (such as reporting harassment or filing a complaint) rather than their inherent characteristics.

Examples of Both in the Workplace

1. Discrimination: A female employee is passed over for a promotion in favor of a male colleague, despite having better qualifications and experience. This is discrimination based on sex.
2. Retaliation: An employee reports sexual harassment by a supervisor, and shortly after, they are demoted or given an undesirable shift schedule. This could be considered retaliation for making a harassment complaint.

Sometimes, these issues can overlap. For example, if an employee reports workplace discrimination and then experiences retaliation in the form of demotion, harassment, or firing, both discrimination and retaliation are at play.

Can I Sue for Discrimination or Retaliation?

Yes, if you believe that you are a victim of discrimination or retaliation in the workplace, you may have legal grounds to file a lawsuit. However, the process and legal requirements can vary depending on the situation. It’s important to act promptly and gather evidence to support your claims.

• Discrimination: If you believe you have been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency such as the New York State Division of Human Rights. If the issue isn’t resolved through investigation or mediation, you can pursue a lawsuit with the help of a workplace discrimination lawyer.
• Retaliation: Retaliation lawsuits also often start with filing a complaint with the EEOC or your state’s human rights agency. You must show that your employer took an adverse action against you because of your protected activity (such as complaining about discrimination or harassment).

Both types of lawsuits typically require a thorough investigation into the facts, which is why it’s beneficial to seek legal counsel from a retaliation lawyer or workplace discrimination lawyer. These lawyers can help you understand whether you have a valid claim and how to proceed.

Legal Protections Against Discrimination & Retaliation

Both discrimination and retaliation are prohibited by federal and state laws, including:

• Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, national origin, sex, and religion.
• The Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination and ensures reasonable accommodations.
• The Family and Medical Leave Act (FMLA): Provides job protection for employees who need to take time off for medical reasons, including childbirth or serious illness.
• State Laws: In New York, additional protections are provided under the New York State Human Rights Law, which prohibits discrimination based on race, gender, disability, sexual orientation, and more.

When to Consult a Lawyer

If you believe that you have been a victim of workplace discrimination or retaliation, consulting a New York hostile workplace lawyer or workplace discrimination lawyer can help you understand your legal options. These legal professionals can provide valuable advice, help gather evidence, and guide you through the process of filing a complaint or pursuing legal action.

A lawyer specializing in retaliation in the workplace or workplace harassment can help you navigate this often complex area of employment law. With their support, you can protect your rights and work towards a fair resolution.

Protect Yourself Against Discrimination & Retaliation

While both discrimination and retaliation are illegal in the workplace, they differ in the reasons for the unlawful behavior. Discrimination involves unfair treatment based on an employee’s protected characteristics, while retaliation occurs when an employee faces punishment for asserting their legal rights. If you are facing either issue, it is important to seek legal advice from a workplace discrimination lawyer or retaliation lawyer to understand your rights and explore your options for taking legal action. You don’t have to endure discrimination or retaliation alone — help is available to ensure that your workplace remains fair and free of unlawful conduct.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination or retaliation in the workplace, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.