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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

Which workplace activities are protected by law?

On Behalf of Formisano & Company | Jul 17, 2024 | Employment Law

Some workplace activities are legally protected to ensure fair treatment, prevent discrimination and promote a safe and equitable work environment. As such, you can participate in these protected activities and exercise your rights as an employee without fear of retaliation.

Understanding what constitutes a protected workplace activity can help you assert your legal rights and take the necessary steps to address any violations. Here are some legally protected activities you ought to know about.

Filing a complaint

You have the right to file complaints about workplace issues, such as discrimination, harassment, wage and hour violations and unsafe working conditions. The law protects you from employer retaliation regardless of whether you made these complaints internally within the company or externally to regulatory agencies like the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety and Health Administration (OSHA).

Participating in an investigation

Taking part in workplace investigations of complaints as a witness or complainant is also legally protected. You do not have to worry about losing your job or facing other negative consequences for assisting in such investigations.

Requesting reasonable workplace accommodations

Employers are legally required to provide reasonable accommodation to qualifying employees unless doing so would cause undue hardship to the business. Some common forms of reasonable accommodations include improving workplace accessibility, modifying job duties, allowing flexible schedules and providing assistive technology. 

You are legally entitled to request reasonable accommodation based on disability or religion without facing reprisal from your employer.

Other protected activities include:

  • Taking leave
  • Refusing to participate in illegal activities or whistleblowing on the same 
  • Filing workers’ compensation claims
  • Discussing wages and working conditions with fellow employees
  • Engaging in union activities
  • Fulfilling jury duty, among others

Should you experience any form of retaliation or adverse action by your employer for participation in these and other protected activities, seeking informed guidance rights can help you uphold the legal protections and protect your rights.

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