Fact Sheet: Retaliation Based on Exercise of Workplace Rights Is Unlawful

Source: U.S. Department of Labor, Fact Sheet, December 10, 2015

Federal agencies responsible for enforcing workers’ rights seek to protect all workers from exploitation and violations, regardless of immigration status. Many workers, however, are deterred or prevented from asserting workplace rights for fear of retaliation. In some cases, employers may exploit immigration status to discourage workers from asserting their rights. U.S. laws generally prohibit employers from retaliating against workers for exercising their workplace rights, regardless of the workers’ immigration status. Effective enforcement of labor and employment laws requires that the enforcement process be insulated from inappropriate manipulation by parties who seek to prevent workers from exercising their rights or retaliate against them when they do. This fact sheet clarifies that retaliation against workers who assert workplace rights is unlawful, regardless of the workers’ immigration status.