Protected activity not prohibited: Overview, definition, and example
What is protected activity not prohibited?
"Protected activity not prohibited" refers to actions that employees are legally entitled to take without fear of retaliation or punishment from their employer. These activities are protected by law and cannot be prohibited, restricted, or penalized by the employer. Protected activities often relate to the exercise of certain rights, such as filing complaints about discrimination or harassment, participating in investigations, requesting accommodations, or engaging in union-related activities.
This legal protection ensures that employees can freely advocate for their rights, report illegal actions, or participate in activities that are in their best interest, without the threat of losing their job or facing adverse employment consequences. Laws such as the Civil Rights Act, the Occupational Safety and Health Act (OSHA), and the National Labor Relations Act (NLRA) provide this protection to safeguard employees from retaliation.
Why is "protected activity not prohibited" important?
"Protected activity not prohibited" is important because it supports a work environment where employees can exercise their rights without fear of reprisal. It ensures fairness and promotes transparency within the workplace. Here’s why it matters:
- Encourages reporting: Employees are more likely to report workplace violations, such as discrimination, harassment, or safety concerns, knowing they won’t be penalized for doing so.
- Protects employee rights: It ensures that employees can freely advocate for themselves and their colleagues, participate in investigations, or engage in union activities without facing retaliatory action.
- Promotes a fair work environment: It helps create a culture of respect and fairness, where employees are encouraged to exercise their legal rights without fear of consequences.
- Compliance with the law: For employers, respecting protected activities ensures compliance with labor laws, which can prevent legal disputes, fines, or penalties.
Understanding protected activity not prohibited through an example
Imagine an employee, Sarah, working at a retail store. One day, she witnesses discriminatory behavior from a supervisor toward a coworker and decides to file a complaint with human resources. Sarah’s action is considered a protected activity because she is reporting unlawful discrimination.
If Sarah’s employer retaliates by giving her a poor performance review, demoting her, or firing her for filing the complaint, that would violate her legal rights. Under the law, Sarah’s employer cannot take any adverse action against her simply for engaging in a protected activity, such as filing a discrimination complaint.
Similarly, if Sarah were involved in a union organizing campaign or requested accommodations for a disability, these actions would also be protected. The employer cannot take negative action against her for exercising these rights.
Example of a "protected activity not prohibited" clause in an employee handbook
Here’s how a "protected activity not prohibited" clause might appear in an employee handbook:
“The Company prohibits retaliation against employees for engaging in protected activities, including but not limited to filing complaints about harassment or discrimination, participating in investigations, exercising rights under labor laws, or requesting accommodations under applicable disability laws. Employees who believe they have been retaliated against for engaging in protected activities should report their concerns to Human Resources immediately. Retaliation will result in disciplinary action, up to and including termination.”
Conclusion
"Protected activity not prohibited" ensures that employees can engage in certain actions without fear of retaliation, promoting a fair and lawful workplace. Employees are entitled to report violations, request accommodations, or participate in union activities, among other rights, and employers must respect these actions.
For employers, understanding and upholding these protections is crucial to maintaining legal compliance and a positive work environment. For employees, recognizing their rights to engage in protected activities can help them confidently advocate for their well-being and the well-being of their colleagues without risking their job security.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.