In Texas, workers receive protection from both retaliation and discrimination. Many might confuse one for the other, and while they are both against the law depending on the circumstances, they are distinct legal terms. It is important to know how to differentiate the two, especially if you suspect that someone in the workplace is treating you unfairly.
Key differences between retaliation and discrimination
Retaliation is what happens when an employer takes adverse action against their employees in a bid to stop them from asserting their legal rights. This lets employers disempower workers and maintain the status quo. Common instances of retaliation include:
- Receiving a salary cut for speaking out about mistreatment
- Wrongful termination for reporting suspicious activity in the workplace
- Having your working hours reduced after filing a complaint
- Losing opportunities to grow and develop your career because you refused to do something illegal on your employer’s behalf
However, discrimination occurs whether an employee speaks out or not. Instead, you may receive unfair and unlawful treatment for traits and characteristics irrelevant to the job. This often includes your race, sex, religion, age or disability. Examples of discrimination in the workplace include:
- Being the subject of slurs and offensive jokes because of the color of your skin
- Having a smaller salary in comparison to your peers due to your sex
- Deliberately being left out of social gatherings because of your age
- Receiving harsh punishments and unfair performance evaluations for having a disability
While retaliation and discrimination are similar in the way they oppress and put down employees, what differentiates the two is their motives. Discrimination is about prejudice. On the other hand, retaliation is a form of punishment that discourages people from taking action against unlawful behavior.
What should you do if you suspect retaliation?
If you suspect that your employer is retaliating against you, it is important to gather as much evidence as possible. Filing a report to the Texas Workforce Commission Civil Rights Division or the Equal Employment Opportunity Commission (EEOC) will require concrete evidence. You will need to prove how and why your employer is punishing you. Reporting retaliation is important because you can prevent other employees from losing their voices, or even their jobs, for exercising their legal rights.