Retaliation in the workplace occurs when an employer takes a materially adverse action against an employee for engaging in protected activities, such as reporting workplace harassment or asserting their legal rights. While federal, Maryland, and Washington, DC laws explicitly prohibit retaliation, it remains a pervasive issue that can harm an employee’s career, financial stability, and mental well-being. At Ellison Sadri, we understand that standing up to workplace injustice is intimidating. However, you don’t have to face retaliatory conduct alone.
What Is a Protected Activity?
An employee engages in a “protected activity” when they exercise legally recognized rights. Federal, Maryland, and/or Washington, DC laws protect employees who engage in these activities from adverse workplace actions. Common protected activities include, but are not limited to:
- Reporting or opposing harassment, discrimination, or a hostile work environment
- Acting as a whistleblower or participating in an investigation
- Requesting a reasonable accommodation for a disability or religious practice
- Organizing or participating in union activities
- Exercising protected medical leave
- Filing a workers’ compensation claim
- Opposing unlawful employment practices
- Making wage-based inquiries and discussing wages with co-workers
Examples of a Materially Adverse Action in Workplace Retaliation
For workplace discrimination, the law requires an “adverse employment action”, or something that negatively alters the terms and conditions of employment. However, in workplace retaliation cases, the standard is broadened to a “materially adverse action” which requires an action that would dissuade a reasonable employee from engaging in a protected activity, including:
| Termination | Hostile work environment | Denial of promotion or demotion |
| Salary reduction | Harassment | Exclusion from workplace opportunities |
| Increased scrutiny | Reassignment | Negative change in duties or location |
| Negative reviews | Baseless disciplinary action | Threats, intimidation, or verbal abuse |
Remedies for Workplace Retaliation
- Lost wages and employment benefits due to the retaliation
- Reinstatement or promotion
- Compensation for emotional distress, reputational harm, and diminished career prospects
- Punitive damages in cases of egregious employer misconduct
- Attorney’s fees and injunctive relief
Your Essential Legal Ally: Contact Our Maryland and DC Employment Retaliation Attorneys
The fear of retaliation should never prevent you from exercising your fundamental rights in the workplace. If you or a loved one have suffered retaliatory behavior, Ellison Sadri is ready to fight for you. Contact us today or call (410) 974-6000 for a free and confidential consultation.