Protecting Yourself from Retaliation After an EEOC Complaint Is Filed
Filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) is a significant step in standing up for your rights at work. Whether you’ve experienced discrimination based on race, gender, religion, age, disability, or another protected category, the law is on your side. Unfortunately, not every employer responds to a complaint fairly or professionally. Some may try to retaliate, making an already difficult situation even more stressful. Retaliation is illegal, both under federal law and Illinois state law. It’s important to know how to protect yourself.
What Is Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, such as filing a complaint with the EEOC, participating in an investigation, or opposing discriminatory practices in the workplace. This punishment can take many forms, both obvious and subtle. Common examples include demotion, termination, poor performance reviews not based on actual work, reductions in hours or pay, or sudden changes in job duties. Retaliation may manifest as harassment, intimidation, or exclusion from meetings and decision-making processes. Even minor actions, like being left out of essential emails or reassigned to less favorable tasks, may qualify as retaliation. Retaliation is illegal, regardless of whether the original discrimination complaint is upheld.
Know Your Rights
In Illinois, employees are protected from workplace retaliation under federal and state law. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, while the Illinois Department of Human Rights (IDHR) enforces the Illinois Human Rights Act. Both agencies prohibit employers from punishing workers who file a discrimination complaint, participate in an investigation, or oppose unlawful practices on the job. These protections apply even if the original complaint is not ultimately upheld. Filing a report or supporting someone else’s claim is legally protected. Understanding that both federal and Illinois laws make retaliation illegal is essential. If your employer takes negative action against you for asserting your rights, they could be held legally accountable.
Keep Detailed Records
Documentation is your best defense against retaliation. As soon as you file a complaint or if you suspect that retaliation might be coming, keep a record of everything related to your job and your interactions with your employer. Keep a personal log of important events, including dates, times, and descriptions of any changes in your work environment, such as shifts in duties, hours, performance reviews, or interactions with supervisors. Save emails, memos, messages, and any relevant written communications. Note the names of coworkers who witnessed specific incidents. Be sure to store all records outside your workplace so you can access them if needed. Having an organized, factual record can make a significant difference in proving retaliation and protecting your rights. If something feels off, write it down. The more details you have, the easier it will be to show a pattern of behavior if retaliation occurs.
Communicate Clearly and Professionally
It can be difficult to remain calm and composed when you feel you’re being treated unfairly, but it’s important to continue acting professionally. Don’t give your employer a reason to question your performance or behavior. If you need to raise concerns about how you’re being treated, do so in writing and be factual and unemotional in your tone. For example, if your schedule suddenly changed after your complaint, you might write, “I noticed a change to my shift schedule beginning this week. Can you provide clarification about the reason for this change?” This kind of communication creates a record without appearing combative, signaling that you’re aware of what’s happening.
Follow Internal Complaint Procedures
Most companies have an internal grievance procedure outlined in their employee handbook. If you believe you’re experiencing retaliation, follow that process before jumping to outside action. Report the behavior to your HR department or a designated compliance officer. Even if you’ve already filed with the EEOC, using the company’s internal channels shows that you’ve made a good-faith effort to resolve the issue. That can help your case later, especially if your employer fails to act.
Update the EEOC
If you experience retaliation after filing your original EEOC complaint, it’s important to inform the EEOC or the Illinois Department of Human Rights immediately. You can amend your charge to include retaliation, and they’ll also investigate that aspect. There are time limits, so act promptly. Retaliation is considered a new violation of your rights, and adding it to your case ensures that it’s part of the official record.
Consider Legal Help
Retaliation claims can be complex. If you’re unsure about what steps to take or feel overwhelmed, talking to an employment attorney can help. A lawyer can evaluate your case, communicate with your employer, and represent you if the issue escalates. Having someone in your corner can help you confidently face the situation.
Take Care of Your Mental Health
Being the target of retaliation is more than a legal issue. It can be isolating, stressful, and damaging to your self-esteem. Don’t ignore how it’s affecting you. Talk to a therapist, join a support group, or confide in trusted friends or family members. Keeping yourself emotionally grounded will help you make better decisions.
Atlas Law Center Helps You Fight Retaliation After an EEOC Complaint
If you’ve filed a complaint with the EEOC and are now being punished at work, you don’t have to put up with it. Atlas Law Center fights for Illinois employees who are standing up for what’s right. Whether you are dealing with demotion, unfair reviews, sudden schedule changes, or even termination, retaliation is illegal under federal and Illinois law. You have the right to speak up and the right to be protected. Call us at 331-321-4748 to schedule a free consultation.
