Dallas Employment Lawyer Blog
Dallas Employment Trial Lawyer Cassidy Monska
Retaliation is one of the most frequently alleged forms of workplace misconduct in Texas. Although the law protects employees who assert their rights, many still face adverse consequences after reporting discrimination, requesting accommodations, or participating in investigations. Unfortunately, retaliation can be subtle, delayed, or disguised as ordinary business decisions.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes adverse action against an employee because the employee engaged in a legally protected activity. These activities may include:
• Reporting discrimination or harassment
• Requesting a reasonable accommodation for a disability
• Filing a wage or safety complaint
• Taking protected leave under the Family and Medical Leave Act (FMLA)
• Participating in a workplace investigation
Both Texas Labor Code Chapter 21 and federal laws — including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the FMLA — prohibit retaliation. An employee does not have to prove the underlying complaint was successful; the retaliation itself is a separate and unlawful act.
Common Forms of Employer Retaliation
1. Termination or Demotion After Filing a Complaint
The most recognizable form of retaliation is termination or demotion soon after an employee files an internal or external complaint. This action is particularly suspect if the employee had a strong performance history or no prior disciplinary issues.
For example, an employee who reports sexual harassment to human resources and is terminated within a few weeks may have a strong basis for a retaliation claim, particularly if the employer cannot provide a legitimate, documented reason for the termination.
2. Reduction in Hours, Pay, or Job Duties
Rather than outright firing an employee, an employer may retaliate by cutting the employee’s hours, reducing compensation, or reassigning key responsibilities. These tactics can undermine the employee’s professional standing and future growth opportunities.
If such changes follow closely on the heels of a protected complaint, the employer may be liable for unlawful retaliation.
3. Exclusion from Meetings, Projects, or Opportunities
Employees who assert their rights may find themselves marginalized: left off important emails, removed from meetings, or excluded from advancement opportunities.
Employers may not “ice out” employees for participating in protected activity, even if those actions do not immediately result in formal discipline.
4. Creation of an Intolerable Work Environment (Constructive Discharge)
Some employees experience escalating scrutiny, harsh treatment, or unrealistic expectations after reporting misconduct. In certain cases, the workplace becomes so hostile that the employee is effectively forced to resign. This is referred to as constructive discharge.
Under Texas and federal law, an employer may be held liable for constructive discharge if a reasonable person in the employee’s position would feel compelled to quit due to intolerable retaliatory conditions.
5. Negative References or Post-Employment Retaliation
Retaliation does not always end when employment ends. Employers may attempt to harm a former employee by providing negative references, flagging them as “not eligible for rehire,” or discouraging other companies from extending job offers.
Post-employment retaliation is prohibited under both federal and Texas law if it stems from an employee’s earlier protected activity.
Legal Protections for Texas Employees
Under Texas Labor Code Chapter 21, employees are protected from retaliation when they:
• File or assist with discrimination or harassment claims
• Request accommodations under the ADA
• Report illegal conduct internally or to an external agency
• Testify or participate in investigations involving workplace misconduct
Federal laws provide similar protections and may also apply, depending on the size of the employer and the type of complaint. Employees may recover lost wages, emotional distress damages, and attorney’s fees, among other relief.
Next Steps if You Suspect Retaliation
If you believe you are being retaliated against for engaging in protected activity, consider the following steps:
1 Document all relevant events — including dates, communications, and witnesses.
2 Preserve emails, text messages, and performance records.
3 Report the issue internally, if possible, using your company’s HR or compliance procedures.
4 Consult with an employment attorney to evaluate your potential claims and determine the best course of action.
Retaliation in the workplace is unlawful, regardless of how subtle or indirect it may seem. If you are experiencing adverse treatment after standing up for your rights, our firm is here to help. Contact us today to schedule a confidential consultation with an experienced Texas employment attorney.