Discrimination Harassment And Retaliation Usagov

Bonisiwe Shabane

-Nov 3, 2025, 3:03 AM

discrimination harassment and retaliation usagov

Federal and state laws protect you from unfair and unwelcome treatment at work. The Equal Employment Opportunity Commission (EEOC) and states enforce discrimination and harassment laws. Discrimination happens when an employer treats an employee or job applicant unfairly because of their race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. EEOC laws do not cover all employers. Coverage is often based on the number of employees. Verify if your employer is required to follow the EEOC's rules.

Report discrimination to the EEOC. Use the EEOC's public portal to follow the complaint process. Schedule an interview with someone from the EEOC. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. As EEOC works to address this issue, you can help. Learn more about what constitutes retaliation, why it happens, and how to prevent it.

Written by EEOC staff, this article ran in the summer 2015 issue of The Federal Manager. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not...

Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination. This is just a section of the larger revised Title VI Legal Manual. Please click here to see the complete revised Manual. Section VIII: Proving Discrimination - Retaliation

It is well-settled that Title VI supports retaliation claims. See, e.g., Peters v. Jenney, 327 F.3d 307, 318 (4th Cir. 2003); Chandamuri v. Georgetown Univ., 274 F. Supp.

2d 71, 83 (D.D.C. 2003); Gutierrez v. Wash. Dep’t of Soc. & Health Servs., CV-04-3004-RHW, 2005 WL 2346956, at *5 (E.D. Wash.

Sept. 26, 2005). When a person reasonably believes that he or she has been the victim of discrimination that Title VI or other federal law prohibits, or has witnessed another person being discriminated against, that person should... Similarly, a person should be free to access the services, programs, and activities that federal financial assistance supports without fear that a recipient might discriminate against him or her merely for seeking access. The Supreme Court has defined retaliation as an intentional act in response to a protected action. Jackson v.

Birmingham Bd. of Educ., 544 U.S. 167, 173-74 (2005). Citing Jackson, the court in Gutierrez underscored the intentional nature of a retaliation complaint: “Retaliation is, by definition, an intentional act. It is a form of “discrimination” because the complainant is being subjected to differential treatment.” Gutierrez, 2005 WL 2346956, at *5. The complained of matter need not be a complaint; it can be any lawful conduct that an individual engages in connected with a protected right.

“The very concept of retaliation is that the retaliating party takes action against the party retaliated against after, and because of, some action of the latter.” Fed. Mar. Bd. v. Isbrandtsen Co., 356 U.S. 481, 514 (1958).

It carries with it the notion of “getting even.” See id. As noted in a 2011 law review article: Retaliation is a deliberate action used to send a clear message that complaining is unwelcome and risky. It is employed to instill fear in others who might consider making a complaint in the future. Those with cause for complaining are frequently among the most vulnerable in an institution. Once they complain, they are labeled “troublemakers.” Retaliation, and the fear of retaliation, becomes a potent weapon used to maintain the power structure within the institution.

Most of the acts enforced by WHD have regulations that prohibit retaliation, harassment, intimidation or the taking of adverse action against employees for: Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale. Neil is a cook at a restaurant and works an average of 50 hours a week. He contacts WHD confidentially to inquire about overtime pay.

He tells another cook that he learned from WHD, they should be earning extra pay for the overtime hours worked. Their manager overhears the conversation and terminates Neil’s employment. In this example, Neil was fired for contacting WHD, which is prohibited as retaliation by his employer. The Department is dedicated to promoting a workplace that provides equal opportunities for all and is free of discrimination, harassment, and retaliation. Any form of discriminatory, harassing, or retaliatory conduct undermines the morale and values of the Department and has no place in our workplace. A critical part of achieving a workplace free of these types of conduct is for all employees to know what these terms mean.

The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy), age, marital and parental status, disability, sexual orientation, or genetic information. Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating,... “Sexual” harassment is a particular type of harassment that includes unwelcome conduct such as sexual advances, requests for sexual favors or dates, remarks about an individual’s appearance, discussions, remarks or jokes of a sexual... The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual’s protected status or protected activities under Personnel Bulletin 18-01, when the behavior can reasonably be...

Protected status is defined as an individual’s race, color, religion, sex (including pregnancy), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, or political affiliation. Protected activity includes reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing evidence in any investigation; or intervening to protect others who may have suffered harassing conduct, discrimination or retaliation. Taking an action that might deter a reasonable person from participating in activity protected by antidiscrimination and/or whistleblower laws. Protected activity includes: complaining about discriminatory or harassing behavior; disclosing/reporting violations of law, rule or procedure or fraud, waste or abuse; and participating in discrimination or whistleblower proceedings (such as an investigation or lawsuit). Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non-promotion, or non-selection. Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.

Retaliation against employees who engage in protected activities under Personnel Bulletin 18-01 is also prohibited by that policy. Federal employees have the right to be free from discrimination and harassment at work. The categories of prohibited discrimination and harassment include those based on race, sex, national origin, disability, and religion. Federal employees also have the right to make complaints of discrimination and harassment without facing retaliation. This information on this page is current as of December 9, 2024. 1.

What are the categories of prohibited discrimination, harassment, and retaliation? Federal law prohibits discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. Below, we provide more detail on the most common types of prohibited discrimination. We then discuss harassment and retaliation. Throughout this section, we refer to materials published by the Equal Employment Opportunity Commission (EEOC), the federal agency that oversees anti-discrimination laws. Race discrimination occurs when an employee is treated negatively because of the employee’s race.

Learn about laws that protect your employment and your safety on the job. Learn about the federal and state laws that protect you from unfair and unwelcome treatment at work. Federal laws require employers to act fairly and protect the health of employees. Review this chart for an overview of the most common laws. Workers' compensation (workers’ comp) can help you if you experience a job-related injury or illness. Learn about the benefits and where to file a claim.

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