Department of Labor Commits to Reduce Workplace Retaliation among Vulnerable Workers with the Publication of New Resources

By Jordan Brickman

On March 10, 2022, the U.S. Department of Labor released new resources[1] aimed at providing information to vulnerable workers, such as immigrant workers, workers of color, and women, who are terminated or are subjected to other adverse employment actions in retaliation for exercising their lawful rights.[2] Often, individuals in this category make the lowest wages and have a genuine fear of reprisal should they attempt to identify and bring attention to unlawful employment practices. The additional resources include, (1) a Field Assistance Bulletin, “Protecting Workers from Retaliation,” (2) a Presentation: “Unlawful Retaliation Under the Laws Enforced by the Wage and Hour Division,” and (3) a Wage and Hour Division Anti-Retaliation website.[3]  

In its news release, Wage and Hour Division Acting Administrator, Jessica Looman, provided the following statement;                                                             

The Wage and Hour Division is committed to preventing and addressing retaliation against workers and will use every tool available to safeguard worker protections. These protections uphold the rights of workers to identify violations of the law without fear of termination or other threats to their reputation, safety or livelihood. The laws we enforce only protect workers when workers can access their protections. 

The resources also provide valuable tools for employers “to identify and address behaviors that may result in retaliation against workers by providing training and demonstrating a commitment not to retaliate against workers who exercise their rights.”

 Takeaway:  

The Department’s resources offers guidance and tools for both employees and employers in recognizing and remedying concerns of retaliation in employment. Please contact the attorneys at Campbell Litigation, P.C. to assist in understanding retaliation, and identify and address risk behaviors.

 [1] US Department of Labor offers new resources to help combat employer retaliation against workers who exercise their legal rights | U.S. Department of Labor (dol.gov); last visited March 17, 2022.

[2] To prove retaliation, the employee must show that a plaintiff must demonstrate that: (1) he engaged in protected opposition to statutorily prohibited discrimination; (2) his employer took adverse action contemporaneously or subsequent to his protected activity; and (3) a causal connection exists between the employer's adverse action and his protected activity. See Villescas v. Richardson, 124 F. Supp. 2d 647, 651–52 (D. Colo. 2000).

[3] Retaliation | U.S. Department of Labor (dol.gov); last visited March 17, 2022.