Addair Entsminger PLLC Reviews West Virginia Human Rights Act and Federal Law
Retaliation is an issue that impacts countless employees across industries, and understanding how the law protects against it is essential. Both federal and state laws make it unlawful for employers to retaliate against workers who exercise their rights. In West Virginia, employees have protections under the West Virginia Human Rights Act (WVHRA) as well as Title VII of the Civil Rights Act of 1964.
These laws prohibit retaliation for engaging in protected activities, like filing discrimination complaints or taking part in workplace investigations. Let’s dive into the scope of these protections and the definition of retaliation. We will also examine what actions employees can take if they experience it.
What Constitutes Retaliation in the Workplace?
Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in a protected activity. Protected activities can include actions such as reporting discrimination or harassment, assisting in a workplace investigation, or opposing unlawful employment practices.
The West Virginia Human Rights Act and Title VII define retaliation as any employer action that would discourage a reasonable person from engaging in protected activities. This could mean termination, demotion, a reduction in pay, or even subtle actions like reassigning job duties to create an uncomfortable work environment.
Protections Provided by the West Virginia Human Rights Act
The West Virginia Human Rights Act provides comprehensive protections for employees within the state. Established to prevent discrimination in employment, the WVHRA extends beyond the federally protected classes under Title VII. It also prohibits discrimination based on disability and age for employees aged 40 and over.
Importantly, the WVHRA also makes retaliation illegal, meaning it safeguards employees who report discrimination or other workplace issues against employer retaliation. If employers act in ways that punish or intimidate employees who assert their rights, they can be held accountable under state law.
To make a claim under the WVHRA, an employee must show that they took part in a protected activity, suffered an adverse employment action, and that there is a link between the two. Examples of adverse actions under the WVHRA include demotions, pay reductions, exclusion from projects, and other measures that negatively impact an employee’s working conditions.
Federal Protections Under Title VII Against Retaliation
Title VII of the Civil Rights Act of 1964 is the primary federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Retaliation protections under Title VII prevent employers from taking adverse action against employees who report discrimination or take part in an investigation. It’s important to note that the scope of Title VII extends to both employees and applicants, protecting individuals from retaliation prior to hiring them.
Under federal law, retaliation is unlawful regardless of the outcome of the initial complaint. This means an employer cannot legally punish an employee even if their original discrimination complaint should lack merit.
Title VII retaliation claims require proof of three key elements: the employee must have engaged in a protected activity, the employer must have taken an adverse action against them, and there must be a causal connection between the activity and the action. Courts use a “but-for” causation standard to determine if the retaliation claim holds, meaning the adverse action would not have occurred “but for” the employee’s protected activity.
Filing a Retaliation Claim: What West Virginia Employees Should Know
After experiencing retaliation in your West Virginia workplace, there are clear steps you can take. It’s often best to consult with a knowledgeable attorney experienced in employment law, as retaliation cases can be complex and require precise legal arguments. Filing a claim under the WVHRA involves submitting a complaint to the West Virginia Human Rights Commission. Alternatively, if the retaliation falls under federal jurisdiction, the employee may file with the Equal Employment Opportunity Commission (EEOC), which enforces Title VII.
In cases where both WVHRA and Title VII protections apply, an attorney can help decide the best route to take. Filing with the WVHRC may lead to a quicker resolution, as the commission is more familiar with West Virginia’s employment environment and the specific protections of the WVHRA.
Types of Retaliation Actions Covered Under the Law
Retaliation can manifest in various ways, and employees should recognize the types of actions that are commonly viewed as retaliatory. Common examples include:
- Termination or Demotion: Firing or demoting an employee after they file a complaint or participate in an investigation.
- Reduction in Pay or Hours: An employer decreases an employee’s pay or hours without justification after they engage in a protected activity.
- Job Reassignments: The law considers unwanted or unfavorable reassignments retaliatory, especially if they lower the employee’s status or make the work environment hostile.
- Denial of Promotion or Benefits: An employer refuses an anticipated promotion or benefit, which could discourage the employee from asserting their rights in the future.
- Exclusion from Projects or Meetings: Employers may isolate or exclude an employee from projects, meetings, or decisions that affect their job, creating a feeling of alienation and affecting career growth.
Proving Retaliation and Building a Strong Case
A successful retaliation claim requires more than proving an adverse action took place. The employee must also establish a causal link between their protected activity and the adverse action. Direct evidence, such as written communication or witness testimony, can be beneficial. However, circumstantial evidence is also admissible. For example, if an employer terminates an employee shortly after filing a complaint, this timing might support their claim.
Employees should retain any documentation of retaliatory actions, including emails, performance reviews, or any disciplinary notes received after engaging in a protected activity. Witnesses who observed the adverse actions may also provide valuable support.
Remedies for Retaliation: What Employees Can Expect
Employees who succeed in a retaliation claim can pursue various remedies under both state and federal law. Typical remedies include reinstatement, back pay, compensation for emotional distress, and reimbursement for attorney’s fees. The court may sometimes impose punitive damages if the employer’s conduct was especially malicious or egregious. Remedies aim to make the employee whole again, restoring their position and financial status as if retaliation had never occurred.
For employees facing retaliation, these remedies provide not only financial relief but also justice and closure. Knowing that their employer’s actions will not go unchecked can make a substantial difference in the employee’s professional life and future well-being.
Serious Workplace Issue Require Help from Addair Entsminger PLLC
Retaliation is a serious issue, with significant protections under both the West Virginia Human Rights Act and Title VII of the Civil Rights Act. These laws serve as essential safeguards, ensuring that employees can report and oppose discrimination without fear of unfair treatment. Addair Entsminger PLLC in Charleston upholds the rights of workers who experience such scenarios.
Understanding the definitions, protections, and remedies available under these laws is critical for both employees and employers. If you believe you’ve experienced retaliation, remember that you have legal options available and resources to assist in protecting your rights. Call (304) 881-0411 today to schedule a confidential consultation. Retaliation is not just a legal term—it represents an individual’s right to speak out without retribution.
