Workplace retaliation occurs when an employer takes adverse action against an employee for exercising his/her legal rights, such as reporting discrimination, harassment, or other unlawful activities. Your employer might have broken the law if you have faced negative consequences after exercising these legal rights.
In Minnesota, state and federal laws provide strong protections to ensure employees can raise concerns without fear of retribution. Understanding these laws is crucial for employees and employers to maintain a fair and just workplace. We’ll break down Minnesota’s workplace retaliation laws and the protections they offer to victims of workplace retaliation.
Examples of Retaliation
Many think that retaliation in the workplace just means being fired, but retaliation can take many forms other than termination. Here are some other methods of workplace retaliation:
- Demotions
- Preventing your participation in an investigation
- Unfairly scrutinizing your work
- Enforcing rules that don’t apply to other employees
- Engaging in harassment or intimidation
- Making negative changes to your work conditions
- Forcing unpaid overtime
- Reducing your pay
- Cutting your hours
- Denial of benefits
Any adverse action taken against you after exercising your rights at work could be considered retaliation. If you believe you’ve been a victim of retaliation, you should speak to a discrimination law attorney to discuss your situation and learn any available options you can take in response to the retaliation.
Proving Retaliation
You’ll need to meet three key elements to prove workplace retaliation. These elements help show that your employer’s actions were in response to your legal actions, not just coincidental. If you meet these requirements, you have a stronger case to hold your employer accountable and get justice for unfair treatment.
1. Show Your Engagement in a Protected Activity
This means you exercised a legal right, like reporting discrimination or refusing to participate in illegal conduct. For example, let’s say you filed a complaint with human resources about being discriminated against because of your race or gender. This is considered a protected activity under the Minnesota Human Rights Act.
Another example is if you’re a medical professional who reports violations of patient care standards. This would be protected under the Minnesota Whistleblower Act. Complaints that do not relate to illegal conduct are not generally considered “protected” under Minnesota law.
2. Demonstrate Your Employer’s Adverse Action Against You
An adverse action is an action that negatively impacts your employment. Common examples are mentioned above, like being fired, demoted, receiving a pay cut, or suspended. Other actions could include more subtle acts of retaliation, like transferring you to a work location further away from your home, moving you into a more complex job or negatively changing your work conditions. Minor annoyances or trivial actions, like temporarily moving your office, usually won’t qualify as an adverse action under the law.
3. Establish the Connection Between Your Protected Activity and the Adverse Action
You’ll need proof that your employer retaliated against you specifically because of your engagement in a protected activity. Evidence of this connection can include the timing of events, a hostile reaction following a complaint, or inconsistencies in your employer’s reasoning for the adverse action. For example, if your work performance was acceptable to your employer before your complaint but then suddenly your employer claims it was unacceptable after your complaint, this could be considered retaliation.
In many cases, employers will try to argue that there was another reason for the adverse action, like poor performance. You will need to demonstrate that this is just a pretext and that the real reason for the adverse action was retaliation against your protected activity.
Minnesota Human Rights Act
The Minnesota Human Rights Act (MHRA) is a law designed to protect employees from facing illegal workplace discrimination. It covers a range of protected classes, such as:
- Race
- Color
- Religion
- Creed
- Sex
- Marital status
- Family status
- Disability
- Sexual orientation
- Age
Under this Act, employers are prohibited from discriminating against employees based on these characteristics and from retaliation. This protection extends to whistleblowers, ensuring nobody can be punished for reporting discrimination or participating in related investigations.
Minnesota Whistleblower Act
The Minnesota Whistleblower Act protects employees who report illegal activities or misconduct, including discrimination. A whistleblower is someone who reports or exposes suspected illegal activities or participates in investigations. If you are a whistleblower, you are safeguarded by this law. Under this Act, you cannot be penalized or threatened for:
- Reporting illegal activities or suspended misconduct in good faith
- Participating in investigations related to these activities
- Refusing to engage in illegal actions at work
Even if the investigation into your report doesn’t uncover illegal activities, the Act still protects you if you act in good faith. If your employer retaliates against these actions, the law allows you to seek damages, including:
- Reinstatement to your job if you were fired
- Removal of negative records related to the whistleblowing
- Back pay for any lost wages or hours
- Compensation for emotional suffering
- Coverage for attorney’s fees
- Punitive damages if your employer knowingly violated your rights
These protections help ensure that employees can report wrongdoing without having to fear retaliation.
Turn to Lori Peterson, an Experienced Minnesota Retaliation/Harassment Lawyer
State and federal laws offer strong protections against workplace retaliation. If you’ve faced retaliation for reporting illegal activities or exercising your rights, seek legal advice. Consulting with an experienced harassment/retaliation lawyer will help you understand your rights, gather evidence, and guide you through the legal process.
Lori Peterson helps those harmed by sexual harassment, discrimination and retaliation every step of the way. With a long track record of successfully representing those harmed by sexual harassment, racism, homophobia, and other forms of discrimination, Lori aggressively represents you and addresses your situation to find creative, strategic solutions.
Contact us today to hold your employer accountable and get the justice you deserve.
