Right to be Free From Retaliation
Examples of retaliatory actions by your employer may include:
- applying or issuing a policy which provides for an unfavorable personnel action due to activity protected by a whistleblower law enforced by OSHA
- blacklisting
- demoting
The employer cannot intimidate or make threats to an employee.
- denying overtime or promotion
- disciplining
- denying benefits
- failing to hire or rehire
- firing or laying off
- intimidation
- making threats
- reassignment to a less desirable position, including one adversely affecting prospects for promotion
- reducing pay or hours
- suspension
How OSHA Determines Whether Retaliation Took Place
The investigation must reveal that:
- The employee engaged in protected activity;
- The employer knew about or suspected the protected activity;
- The employer took an adverse action; and
- The protected activity motivated or contributed to the adverse action.
If the evidence supports the employee's allegation and a settlement cannot be reached, OSHA will generally issue an order, which the employer may contest, requiring the employer to reinstate the employee, pay back wages, restore benefits, and other possible remedies to make the employee whole.
For more information on filing a complaint, visit OSHA's How to File a Whistleblower Complaint webpage.Knowledge Check Choose the best answer for the question.
2-11. Which of the following is NOT considered an employer retaliatory action?
You forgot to answer the question!