Retaliation in the workplace often flies under the radar until the damage has already been done. For Vermont workers, understanding what constitutes employer retaliation—and how state law protects employees—can be the difference between preserving your career and suffering unlawful consequences for speaking up.

Retaliation happens when an employer punishes a worker for engaging in legally protected activities. These activities can range from reporting harassment to filing a workers' compensation claim. Vermont law, along with federal protections, offers pathways for holding employers accountable when they cross the line.

What Counts as Retaliation?

Retaliation isn't always dramatic or obvious. In some cases, it shows up as a sudden schedule change, denied promotions, or even exclusion from key projects. What makes it retaliation is the connection between the negative action and the employee's protected activity.

Common examples of retaliation include:

• Termination or demotion after reporting unsafe working conditions
• Disciplinary action following a sexual harassment complaint
• A sudden drop in performance reviews after participating in a workplace investigation
• Withholding raises or benefits after requesting reasonable accommodations
• Assigning undesirable shifts or duties after filing a wage complaint

To be legally actionable, the retaliation must be tied to a protected activity, such as asserting your legal rights, participating in an investigation, or reporting violations.

Vermont's Legal Protections Against Retaliation

Vermont law prohibits employers from retaliating against employees who exercise their rights under labor, wage, safety, and discrimination laws.

The Vermont Fair Employment Practices Act (VFEPA) serves as a primary legal safeguard. Under VFEPA, it is illegal for employers to discriminate or retaliate against workers who:

• File complaints about discrimination or harassment
• Cooperate in investigations or legal proceedings
• Request accommodations for disabilities or religious beliefs
• Oppose practices they reasonably believe to be unlawful

In addition, Vermont's Whistleblower Protection Law shields public employees who report misconduct, including illegal activity or gross mismanagement, from retaliation. While private sector workers are not covered under this specific statute, they may be protected under other state or federal laws depending on the nature of their report.

Employees who report workplace injuries or file workers' compensation claims are also protected. According to Vermont law, it is unlawful for an employer to retaliate against a worker for asserting their right to compensation after an injury.

Federal Laws That Also Apply

While Vermont offers robust state-level protections, several federal laws reinforce these rights. Employees in Vermont may also be protected under:

• Title VII of the Civil Rights Act of 1964 – Protects against retaliation for reporting discrimination based on race, gender, religion, or national origin.
• Americans with Disabilities Act (ADA) – Prohibits retaliation against individuals requesting disability accommodations.
• Occupational Safety and Health Act (OSHA) – Shields employees who report unsafe work conditions.
• Family and Medical Leave Act (FMLA) – Protects workers who take qualifying leave from facing punishment or job loss.

These laws are enforced by federal agencies such as the EEOC and the Department of Labor, but they work in tandem with state laws to strengthen employee rights.

How to Identify and Prove Retaliation

Many workers face challenges proving retaliation, especially when the employer provides a different justification for the adverse action. To make a successful retaliation claim in Vermont, the employee typically must demonstrate:

1. They engaged in a protected activity.
2. They suffered an adverse employment action.
3. There is a causal connection between the two.

Timing plays a critical role. If you report harassment and are fired three days later, the proximity suggests a retaliatory motive. However, if months pass and there's no clear link, the case becomes harder to prove. Documenting all incidents, communications, and employment changes is essential for building a strong claim.

Steps to Take if You Suspect Retaliation

If you believe your employer is retaliating against you, don't wait for the situation to escalate. The earlier you take action, the better your chances of protecting your rights.

Here's a recommended approach:

• Keep records. Save emails, texts, and performance reviews that show changes before and after the protected activity.
• Report internally. File a complaint with your company's HR or compliance office. Many employers require this step before outside action.
• Consult an attorney. A lawyer experienced in Vermont employment law can help evaluate your claim and outline next steps.
• File a formal complaint. Depending on your situation, you may file with the Vermont Attorney General's Civil Rights Unit or a federal agency like the EEOC.

What Remedies Are Available?

If retaliation is proven, Vermont workers may be entitled to several forms of relief, including:

• Reinstatement to their former job position
• Back pay and lost benefits
• Compensatory damages for emotional distress
• Punitive damages in extreme cases
• Attorney's fees and court costs

Employers found guilty of retaliation may also be required to update their policies and complete anti-retaliation training.

Why Retaliation Claims Are On the Rise

According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation claims made up more than 55% of all workplace discrimination charges filed in recent years. In Vermont, the growing awareness of worker rights—combined with evolving workplace dynamics—means more employees are recognizing and reporting retaliatory behavior.

This trend underscores the importance of knowing your rights and holding employers accountable. A retaliatory work environment not only harms individuals but also discourages other employees from reporting legitimate concerns.

Conclusion

Employer retaliation is not just unfair—it's illegal. In Vermont, workers are protected by a network of state and federal laws that empower them to report wrongdoing, stand up for their rights, and advocate for safer, more equitable workplaces. If you believe you've been punished for doing the right thing, don't face it alone. Understanding your legal options is the first step toward restoring your livelihood—and making sure your voice continues to matter.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Employment Law can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.