Employees have very strict rights that employers must comply with. Some of these include not having to face retaliation for protected statuses or protected activities. It’s critical that all employees understand what these mean.
When an employee has a protected status or takes part in a protected activity, employers can’t take any negative employment actions based solely on the protected status or activity.
What are protected statuses?
There are several statuses that are protected for employees. Some of the more common include:
- Race and color
- National origin
- Religion
- Sex, including pregnancy, sexual orientation and gender identity
- Disability
- Age for people who are 40 and older
- Genetic information
- Citizenship or immigration status under some state and federal protections
These are all covered in various federal laws, including the Age Discrimination in Employment Act, Title VII of the Civil Rights Act and the Americans with Disabilities Act.
What are protected activities?
Protected activities are ones that employees are free to participate in at will. Some examples of these include:
- Requesting a workplace accommodation for disability or religious belief
- Filing a complaint regarding harassment or discrimination
- Participating in investigations, hearings and lawsuits
- Taking protected leave, such as what’s allowed by the Family and Medical Leave Act
- Reporting unsafe work conditions or wage violations
Employees who have a protected status or engage in a protected activity aren’t fully immune from disciplinary measures. Any employee who violates company policies can still face the same disciplinary action as any other who violates the same policy. The key is that the discipline can’t be related to their protected status or activity.
Employees who believe that their employer has violated the rights that are provided due to protected status or activity may opt to pursue legal action. Working with someone familiar with these matters may be beneficial in these complex cases.
