Unlawful Retaliation
St. Louis & Jefferson City Unlawful Retaliation Attorneys
The employment discrimination lawyers at Dashtaki Law Firm exclusively represent employees who have been unlawfully retaliated against at work. Located in St. Louis and Jefferson City, Missouri, the unlawful retaliation attorneys at Dashtaki Law Firm have extensive experience protecting the rights of individuals who have been retaliated against. When you need an unlawful retaliation attorney to fight for you, the lawyers at Dashtaki Law Firm stand ready to protect your rights and assist you with any unlawful retaliation issue, including workers’ compensation retaliation and discrimination.
The Law in Missouri is Clear: Unlawful Retaliation is Illegal
Retaliating against an employee for filing a charge of discrimination, participating in a discrimination proceeding, opposing discrimination in the workplace, or for asserting your workers’ compensation rights is illegal in Missouri. Under Missouri law, an employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or opposing discrimination or for asserting their workers’ compensation rights.
Retaliation occurs when an employer, employment agency or labor organization takes an adverse action against a covered individual because he or she is engaged in a protected activity . These three terms are described below.
Adverse Action
The employment action must be materially adverse. For example, it must be more than mere inconvenience or an alteration of job responsibilities. A materially adverse action might be:
- Discharge or termination;
- Demotion or transfer accompanied by one or more of the following:
- Decrease in wages or salary;
- Less distinguished job title;
- Material loss of benefits;
- Significantly diminished material job responsibilities;
- Loss of seniority;
- Employment actions such as termination, refusal to hire and denial of promotion; or
- Other actions affecting employment such as unjustified discipline or negative evaluations, unjustified negative references or increased workload.
Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker’s current employer to retaliate against an employee for pursuing a complaint of discrimination against a former employer.
Covered Individuals
Covered individuals are people who have filed prior complaints of discrimination, opposed unlawful discriminatory practices, participated in proceedings like investigations or hearings or requested accommodations for a disability or religious practice. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, under Missouri law it is illegal to terminate an employee because his or her spouse filed a discrimination complaint against the employer.
Protected Activity
Opposition to a practice believed to be unlawful discrimination
Opposition is informing an employer that you believe that it is engaging in prohibited discrimination. Under Missouri law, opposition is protected from retaliation as long as it is based on a reasonable, good-faith belief that the practice being opposed violates the law and the manner of the opposition is reasonable.
Examples of protected opposition include:
- Complaining to an employer about alleged discrimination against oneself or others
- Threatening to file a charge of discrimination
- Lawful picketing in opposition to discrimination
- Refusing to obey an order reasonably believed to be discriminatory
- Requesting a reasonable accommodation based on religion or disability
- Notifying your employer that you were injured on the job
- Filing a claim for workers’ compensation
Examples of activities that are NOT protected opposition include:
- Actions that interfere with job performance so as to render the employee ineffective
- Unlawful activities such as acts or threats of violence
Participation in a discrimination proceeding
Participation is a protected activity even if the proceeding involved claims that ultimately were found to be invalid. Under Missouri law, examples of participation include:
- Filing a charge of discrimination
- Cooperating with an internal investigation of alleged discriminatory practices
- Serving as a witness during the investigation, hearing or litigation of a discrimination complaint
- Filing a claim for workers’ compensation
Associational Discrimination in Missouri
Missouri law protects individuals against discrimination on the basis of their association with a person in a protected category.
Equal employment opportunity cannot be denied to any person because of his or her association with a person in a protected category. For example, an employer cannot refuse to hire an individual who has a child with a disability out of fear that the child would raise their employee health insurance rates. An employer cannot demote an employee when it learns the employee is dating someone of another race. An employer cannot fire an employee when it learns the employee is married to someone from another country. In all of these examples, the person’s association with someone protected by Missouri law and discrimination on the basis of their association with a person in a protected category.
Terms, Conditions, and Privileges
Missouri law also prohibits discrimination in compensation and other terms, conditions and privileges of employment. Under Missouri law, association discrimination may not be the basis for differences in the following:
- Compensation and benefits
- Hiring
- Promotions and demotions
- Job assignments and training
- Discipline
- Employee training
- Wrongful termination
Contact an experienced unlawful retaliation lawyer today
Retaliation cases can be highly complex, so it is essential to speak with an experienced Missouri unlawful retaliation attorney immediately. If you have been discriminated against, we can help. The unlawful retaliation lawyers at Dashtaki Law Firm will support you through the process and offer choices to protect your rights. If you are being retaliated against for filing a charge of discrimination, participating in a discrimination proceeding, opposing discrimination in the workplace, associating with a person in a protected category, or for filing a claim of workers’ compensation, you should contact an experienced Missouri unlawful retaliation attorney immediately to understand your legal rights because you have a very limited time to take action, as any delay may cause you to lose your rights.
The Dashtaki Law Firm offers a free and confidential initial consultation to review your case. Contact the unlawful retaliation attorneys at Dashtaki Law Firm today so that we can begin our investigation.
The unlawful retaliation attorneys at Dashtaki Law Firm, LLC, serve clients throughout Missouri, including St. Louis City, St. Louis County, Jefferson County, St. Charles County, Franklin County, Cole County, Boone County, Camden County, Callaway County, Osage County, Moniteau County, Miller County, Morgan County, Warren County, Jefferson City, Columbia, Lake of the Ozarks, Osage Beach, Camdenton, Fulton, Linn, Tipton and California, MO.
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