Most civil rights laws prohibit any form of retaliation against a racial harassment victim that complains or resists the harassment and discrimination. Retaliation is generally defined as an adverse action taken by an employer or their supervisors against a resisting or complaining employee as a result of the employee’s complaints or resistance.
Retaliation may take the form of termination, disciplinary write-up, demotion, pay cut, reduced schedule, denied overtime, reduced hours, reduced benefits, reduced responsibilities, poor performance evaluation, unfavorable transfer, or undesirable shift change. Retaliation may also take other forms such as ostracism, refusing to speak or work with the complaining employee, refusal to answer their questions, sabotage, increased or decreased work load, supervisor’s refusal to acknowledge the victim on a day to day basis, refusal to assist or provide necessary assistance or help to the victim, and the assignment of menial tasks to the victim.
Victims of retaliation may sue and recover for retaliation. Damages recoverable will typically include any lost pay and benefits, mental anguish/emotional distress damages, and sometimes punitive damages.