Lewinter Law

Retaliation and Family Medical Leave Act

Employers may not retaliate against employees who have engaged in certain protected activities. Examples of protected activities include applying for leave protected by the Federal Family and Medical Leave Act (FMLA) or the Oregon Family Leave Act (OFLA), or complaining to OSHA about an unsafe working condition. Informing an employer about a workplace injury or filing a workers' compensation claim, or about an unsafe working condition are examples of protected activities, too, and employers may not discriminate against employees for having done those things. Employees engage in protected activities by complaining in good faith about what they reasonably believe to be illegal activity in the workplace. That kind of protected activity is called whistleblowing.

Complaining about sexual harassment or other types of discriminatory harassment is protected activity, as long as the complaint is reasonable and the employee makes it in good faith. Employers may not retaliate against employees for complaining about discriminatory workplace harassment, including sexual harassment. Employees who believe that they are victims of sexual harassment or other types of discriminatory harassment should usually complain at work before filing a lawsuit. Many employee handbooks set out specific steps that employees should follow to complain about discriminatory harassment.


If you've experienced Employer Retaliation, contact Andrew Lewinter, Attorney, P.C. today for a free consultation.


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