Fired for Being a Witness in a Coworker's Complaint? Retaliation Rights

The Federal Rule Against Retaliation

Title VII of the Civil Rights Act, at 42 U.S.C. 2000e-3, bars an employer from punishing a worker who opposed a discriminatory practice or who took part in an investigation, proceeding or hearing under the law. The EEOC treats retaliation as one of the most common charges it receives. Similar protections appear in the age and disability discrimination laws.

When a Witness Is Protected

Protection covers two kinds of activity. Participation includes giving a statement or testimony in an EEOC charge, lawsuit or agency investigation. Opposition includes telling an employer that conduct is discriminatory, and the EEOC's retaliation guidance explains that answering questions truthfully in an employer's own internal investigation can qualify. You do not have to have filed anything yourself.

Who Else Can Be Covered

• The complainant

  The person who reported the problem is covered, whether or not the claim is later proven.

• Witnesses

  Coworkers who back up the complaint or answer investigators honestly can be covered.

• Close associates

  The Supreme Court has held that punishing a close family member of someone who complained can also be unlawful.

• Reasonable belief

  Protection generally applies when you reasonably believed the conduct was unlawful, even if it turns out it was not.

Actions That Can Count as Retaliation

Firing is the clearest example, but the law also reaches actions that would discourage a reasonable worker from taking part: a demotion, cut hours, a transfer to a worse shift, a sudden poor review or exclusion from meetings. Our guide to workplace retaliation describes how these cases are usually proven, including how closely the timing follows the protected activity.

What to Do If You Were Punished

• Write a timeline

  Note when you were interviewed, what you were asked and every change in your job afterward.

• Keep the paperwork

  Save warnings, schedules, reviews, the termination notice and any messages about the reason.

• Note who knew

  Record who at the company knew you were a witness, since the decision maker must have known.

• Do not take confidential files

  Keep what concerns your own treatment. Do not copy records about other employees.

• Watch the deadline

  An EEOC charge generally must be filed within 180 days, or 300 days in many states. See <a href="/blogs/how-long-to-file-employment-discrimination-claim-deadlines" class="text-primary underline">discrimination claim deadlines</a>.

A documented trail also helps with the retaliation documentation checklist. Because of at-will employment, an employer may not need a reason to let someone go, but it cannot choose a reason the law forbids.

Frequently Asked Questions