Retaliation Against Employees For Exercising Protected Rights

A number of federal laws make it unlawful for an employer to fire an employee merely for asserting rights under federal antidiscrimination laws. It's generally unlawful to fire an employee in response to the filing of a claim for workers’ compensation benefits, reporting an employer’s illegal activity, or serving on a jury.

Restrictions on what are known as retaliatory discharges are provided under the Occupational Safety and Health Act, the Vietnam Era Veterans Reemployment Act, the Employee Polygraph Protection Act, various environmental protection laws, and other federal laws. For example, employees who start legal proceedings or who take other actions to have a federal law enforced are protected from discharge by the Fair Labor and Standards Act (FLSA).

Many states have civil rights laws that apply to employers who have too few employees to be subject to federal laws. While state laws governing the hiring process may apply to firing and termination, many states also have laws that specifically address firing. These laws generally fall into two categories.

Many laws specifically limit an employer’s ability to fire employees merely for exercising or enjoying the rights granted by the law.
Some laws grant employees rights without specifically limiting an employer’s ability to fire. Courts have routinely found that discharging an employee for exercising rights granted under this second type of law is a violation of the employee’s rights. For example, employers would not be able to fire employees for using legal substances, such as alcohol or tobacco, outside of the workplace, if they have a legal right to do so.