Understanding Counterretaliation in the Workplace

Counterretaliation refers to the act of retaliating against an employer who has taken adverse action against an employee in response to the employee's prior protected activity, such as filing a complaint or participating in an investigation.

In other words, if an employer takes negative action against an employee because they have engaged in protected activity (such as reporting harassment or discrimination), the employee may be able to file a claim for counterretaliation. This means that the employee is essentially saying "you can't punish me for standing up for my rights!"

For example, if an employee files a complaint alleging discrimination and their employer retaliates by demoting them, the employee may be able to file a second complaint alleging counterretaliation. The goal of counterretaliation laws is to protect employees from being penalized or punished for asserting their legal rights.