Many employees are surprised to learn that their claims of retaliation in the workplace may not be legally actionable.  Under the employment laws, an employer may not be liable for retaliating against an employee unless the retaliation was 1) actionable retaliation under the Illinois Whistleblower Act or the Sarbanes-Oxley Act, or 2)in violation of the anti-retaliation provisions of other laws, including the FLSA, FMLA, Title VII or Section 1981.  Typically, acts of retaliation will include adverse employment actions including but not limited to termination, demotion, write-ups, suspensions, increased scrutiny, and pay cuts. 

The Illinois Whistleblower Act applies to employers of one or more employees, but does not include protection for governmental entities.  The Act makes it unlawful for the employer to retaliate against an employee who discloses information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal laws, rules, or regulations.  In addition, under the Act employers cannot retaliate against an employee who refuses to participate in an activity that would result in a violation of state or federal laws, rules, or regulations.  Under the Act, a guilty employer may be liable to the employee for injunctive relief, twice the amount owed in back pay (in the case of a termination), and special damages including mandatory attorney’s fees and costs. 

The Sarbanes-Oxley Act (“SOX”) applies only to publicly traded companies.  Though SOX consists of numerous provisions, we typically will only apply the provision regarding whistleblower protection.  Under this provision, protections are afforded to employees who provide information or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes fraud on the company’s shareholders.  The whistleblower protections extend to employees who provide information to a federal regulatory or law enforcement agency, any member of congress or congressional committee, or any person within the Company who has supervisory authority over the employee. 

In addition, many of the employment laws, including the FLSA, FMLA, Title VII, and Section 1981, contain anti-retaliation provisions.  Under these provisions, it is unlawful to take an adverse employment action against an employee who opposes behavior made unlawful under the statute, or participates in any type of proceeding relating to a claim under the statute. 

If you have questions about workplace retaliation, or believe that your employer may have violated your rights under the anti-retaliation laws, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment Lawyer.