What Workplace Retaliation Looks Like: Examples and Red Flags

4 min readUpdated

Retaliation isn't always a dramatic firing. It can be subtle; a shift in how you're treated, opportunities that quietly disappear, or scrutiny that wasn't there before. Knowing what retaliation actually looks like helps you identify it when it happens.

Adverse Employment Actions

These are the most serious forms of retaliation; formal actions that directly affect your employment status:

Termination

Being fired shortly after requesting accommodation is the most obvious form of retaliation. Even in at-will employment states, you cannot be legally fired for requesting accommodation. Watch for terminations that are explained with vague or pretextual reasons, or that come shortly after protected activity.

Demotion

Being moved to a lower position, reduced title, or decreased responsibilities after requesting accommodation may be retaliation; especially if there's no legitimate performance-based reason.

Pay Reduction

Cutting your salary or hourly rate, reducing your bonus, or eliminating benefits after you request accommodation can constitute retaliation.

Reduced Hours

If your hours are cut after requesting accommodation; particularly if you didn't ask for reduced hours; this may be retaliatory.

Performance Management as Retaliation

The performance management process can be weaponized for retaliation:

Sudden Negative Reviews

If your performance reviews were consistently positive but became negative after you requested accommodation; with no change in your actual performance; that's a red flag.

New Documentation of Minor Issues

If your employer suddenly starts documenting small issues that were never mentioned before, they may be building a paper trail to justify future adverse action. This is especially concerning if the documentation started after your accommodation request.

Performance Improvement Plans

Being placed on a PIP shortly after requesting accommodation; particularly if your performance hasn't changed; may be retaliation. PIPs can be legitimate tools, but they can also be used to create documentation for a retaliatory termination.

Changed Standards

If you're suddenly being held to different or higher standards than your colleagues, or if expectations changed after your request, this may be retaliatory.

Exclusion and Isolation

Retaliation often takes the form of pushing you to the margins:

Exclusion from Meetings

No longer being invited to meetings you used to attend, or being left out of discussions relevant to your role.

Removal from Projects

Being taken off projects or accounts you were working on, especially high-profile or career-advancing ones.

Information Withholding

Not receiving information you need to do your job, being left off email chains, or finding out about important developments from others.

Social Isolation

Colleagues or supervisors who previously were friendly becoming cold or distant. Being excluded from team activities or informal gatherings.

Changed Working Conditions

Retaliation can involve making your job harder or less desirable:

Undesirable Assignments

Being assigned to less desirable tasks, shifts, or locations. Receiving work that's below your skill level or outside your job description.

Increased Workload

Having your workload significantly increased without justification, potentially setting you up for failure.

Schedule Changes

Having your schedule changed to less desirable hours, especially if you didn't request a change and others aren't affected.

Physical Workspace Changes

Being moved to a less desirable workspace, isolated from your team, or having your workspace made less comfortable.

Increased Scrutiny

Being watched more closely than before can be a form of retaliation:

Micromanagement that wasn't present before

Having your work checked or questioned more than colleagues

Being required to document or justify your time in ways others aren't

Receiving criticism for minor errors that wouldn't be noted for others

Having your attendance or breaks monitored more closely

Blocked Advancement

Retaliation can affect your career trajectory:

Being passed over for promotions you were qualified for

Denial of training or development opportunities

Exclusion from career-advancing projects or assignments

Negative references or comments that affect your internal mobility

Changes to your job that make advancement less likely

Hostile Treatment

Direct hostility after an accommodation request can constitute retaliation:

Comments suggesting your accommodation is a burden or problem

Disparaging remarks about your disability or accommodation

Pressure to withdraw your accommodation request

Being made to feel unwelcome or that you should leave

Increased conflict with supervisors or colleagues

What This Means for You

Retaliation can be blatant or subtle. The common thread is that your treatment changed for the worse after you engaged in protected activity like requesting accommodation. If you're experiencing any of these patterns, document what's happening and consider whether retaliation may be occurring.

Trust your instincts. If something feels wrong after you requested accommodation, it may be. Keep records, and don't hesitate to seek advice from external resources if needed.

Next Steps

Learn more about protecting yourself:

How to Recognize Retaliation After Requesting Accommodations: Understanding the basics

How to Document Retaliation and Discrimination Effectively: Build your record

Discriminatory Statements: What to Document and Why: Capture important evidence

When Should I Talk to an Employment Attorney?: Know when to seek legal help

  • Disclaimer: This article provides general information about workplace retaliation and is not intended as legal advice. Not all negative workplace experiences constitute illegal retaliation. If you believe you are experiencing retaliation, consult with a qualified employment attorney or contact the Equal Employment Opportunity Commission (EEOC).

If you're experiencing this now, documenting everything is critical. ernesty helps you build a clear record of what's happening.

Source: ernesty Learning Center

ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.

Need help with this?Get started