Employment Law – FLSA: Anti-Discrimination and Protection against Retaliation

November 27, 2012 0 Comments

Commentary from an Arkansas FSLA Attorney –

No matter your age, your gender, your race, or religious beliefs you are entitled to the same wages and workplace rights as other employees. The FLSA, or Fair Labor Standards Act, is comprised of two provisions against discrimination. The first is the Equal Pay Act which stipulates that both men and women are entitled to the same wages if they perform the same work. The second provision of the FLSA protects employees against workplace discrimination and retaliation.

The FLSA employment law prohibits anyone (employee or employer) from discrimination of any kind in the workplace, and protects against retaliation against:

  • -Anyone who files a formal discrimination complaint
  • -Any witness who testifies or plans to testify against another for discrimination
  • -Any employee who serves or plans to serve on a committee

For your discrimination or retaliation complaint to succeed you must provide proof of:

  • -Your involvement in a protected activity
  • -The occurrence of supposed discrimination or retaliation during the course of this activity

Fortunately, you do NOT have to prove that your employer actively violated the FLSA.

Definition of Retaliation

The definition of retaliation as prohibited by the FLSA is as follows:

Retaliation, as per the FLSA, occurs when your employer acts in an oppositional or negative manner towards you for you asserting your FLSA rights. These oppositional or negative actions must take the form of significant change in the terms and conditions of your continued employment. Forms of retaliation may include:

  • -Termination
  • -Demotion involving a change in pay or benefits offered
  • -Reduction of job responsibilities
  • -Significant increase in job responsibilities without a corresponding increase in pay
  • -Blacklisting or ruining an employee’s chances of future employment elsewhere

What action should I take if I am discriminated against?

If an employee believes that they have been discriminated against or have faced retaliation for a workplace complaint in violation of the FLSA, they have the right to:

  • -Seek job reinstatement
  • -Compensation in the form of lost wages or money damages in an amount that is equal to back pay or lost wages
  • -Promotion

In some cases, judges have awarded the plaintiff compensatory damages for emotional distress, mental anguish, and damage to their reputation.

If you believe that you’re the victim of workplace discrimination or retaliation, you need to speak with an experienced employment law attorney in Little Rock at the Law Office of Thomas G. Buchanan. Many FLSA cases are complex in nature and should be tried by a lawyer with the knowledge and experience to win the case for you.