Retaliation in the Modern Workplace and Federal Laws in the United States of America: Cases and Reflections About the Undermining of Employees’ Legal Rights

Abstract

Employees have the right to assert their federally-protected rights against their employers when they believe a violation of those rights has occurred. However, workplace retaliation poses challenges for employers reporting illegal or discriminatory acts. This study examines federal and common law to better identify the concept of retaliation and the legal protections against it. The cases analyzed in this study are Thompson v. North American Stainless, Burlington Northern and Santa Fe Railway Company v. White, Bragg v. Munster Medical Research Foundation, Inc., and Hutchinson v. City of Oklahoma City. These cases highlight instances of retaliation against employees exercising their legal rights, showcase circumstances where employees won, and look at affirmative defenses employers can raise. The goal is to deepen understanding around retaliation and the current laws surrounding it. Recommendations and possible remedies for workplace retaliation will be discussed in the latter part of the analysis to better understand the options available to future employees and employers regarding this issue.