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[See also: Compensation]
For example, if an employee complains to the employer about conduct that the employee believes is employment discrimination and the employer retaliates against the employee by demoting or firing the employee, the employee may have a whistle blower case.
Similarly, if an employee refuses to follow the employer’s order to break the law, such as intentionally over charging clients, and then the employer retaliates against the employee, the employee may have a whistle blower case.
Hostile work environment occurs when your employer or fellow employees create an intimidating, abusive or offensive work environment through unwanted harassing conduct based on your protected status, such as sex or gender, race, disability, complaint of illegal conduct, etc. Some examples of harassment based on sex or gender may include obscene language, demeaning comments, slurs, threats, unwanted touchings or interference with normal movement, offensive posters, objects, cartoons or drawings, or other patterns of gender-based harassment. Likewise, many other things can create a hostile work environment.
Quid Pro Quo sexual harassment occurs when job benefits or job-related decisions are conditioned on or based on, through words or conduct, complying with a sexual advance or sexual request or other unwanted verbal or physical conduct of a sexual nature by the employer. For example, such harassment can occur where a supervisor threatens to demote an employee or cut her hours, if that employee rejects a sexual advance by the supervisor.
What do I do if my boss fires or demotes me because I complain about harassment from him or my co-workers?
Employers are not allowed to retaliate for complaints about harassment or any other illegal conduct. The law may be able to help you if your employer has taken action against you for making a good faith complaint about illegal activity you witnessed, were ask to participate in or were exposed to during the course of your employment.
My boss is not harassing me, but my co-workers are. Is there anything that can be done?
Yes. Report any harassment to your boss or human resources immediately. The law makes the company responsible for harassment if the company knew about the harassment or should have known about the harassment and failed to take appropriate corrective action.
For example, this may include the employer failing to hire or promote the employee, demoting or firing the employee, or paying the employee less than the other employees. Employment discrimination can take on many different forms.
The law prohibits such different treatment provided the different treatment is due to the employee’s race, color, religion, gender, age, national origin mental disability, physical disability or sexual orientation, or other protected class.