Employment Law in Tampa 101: What is a “Protected Activity” in Tampa Employment Discrimination Retaliation Case?

For many Tampa employment harassment and discrimination victims, going through the pain, humiliation, anger, and frustration of being harassed or discriminated against at work is bad enough. However, when a Tampa employment discrimination or harassment victim complains about the unlawful conduct, and then suffers at the hands of their employer, the situation can escalate and become even worse. As such, if you believe you have been retaliated against at work in Tampa, one of the first things you need to understand is whether you engaged in a “protected activity.” In the context of employment law, especially in retaliation cases under Florida state or federal anti-discrimination and harassment laws, a protected activity is an action taken by an employee to oppose unlawful workplace discrimination or to participate in proceedings related to discrimination. Understanding what qualifies as a protected activity can help you determine if your rights have been violated—and whether you may have grounds for a legal claim. Here we discuss the basis of “protected activity” in Tampa employment discrimination and harassment cases, and where to turn for legal help in Tampa.

The Basics of “Protected Activity” in Florida Employment Discrimination and Harassment Cases

Under Florida laws, retaliation means taking an adverse employment action (such as discharging, demoting, or suspending the employee) because the employee “engaged in [a] protected activi[y][ies].” One of the most common forms of protected activity is filing a complaint about discrimination or harassment. This could be a formal complaint to the Equal Employment Opportunity Commission (EEOC), a state agency like the Florida Commission on Human Relations, or even an internal complaint to your employer. The law protects employees who have engaged in this kind of protected activity, whether the discrimination is based on race, gender, age, religion, disability, national origin, or other characteristics outlined in Title VII of the Civil Rights Act or the Florida Civil Rights Act. Importantly, the complaint does not have to be successful for the retaliation protections to apply. You only need to have made the complaint in good faith and with a reasonable belief that what you reported was unlawful. There are also other types of protected activity, such as participating in an unrelated employment discrimination or harassment investigation.

It is important for Tampa employees to keep in mind that retaliation can take many forms—termination, demotion, pay cuts, shift changes, exclusion from meetings, or negative performance reviews. If any adverse employment action happens because you engaged in a protected activity, it is best to speak with a lawyer right away. An experienced Tampa retaliation lawyer can help advise you as to your rights and your best next steps.

Getting Legal Help in Tampa

If you were the victim of employment retaliation in Tampa and you need legal help, contact the experienced Tampa retaliation lawyers at the law firm Florin Gray. Contact the experienced lawyers at Florin Gray today to discuss your rights and options now.

Source:

supremecourt.flcourts.gov/content/download/243071/file/entire-Document.pdf