Retaliation at work
Reviewed for legal accuracy on 11/19/2025
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Learn what qualifies as illegal retaliation at work, what evidence you need to prove an employer illegally retaliated, and how to make an agency complaint and find an employment lawyer.
Contents
1. Fast facts
What is retaliation at work?
An employer illegally retaliates against you if it takes a substantial negative (adverse) action against you because you engaged in a legally protected activity.
Adverse actions may include firing, demoting, giving fewer or worse tasks, or not hiring. More examples of adverse actions are below.
Not all adverse actions are illegal. An adverse action is illegal if the employer took the action because of your legally protected activity.
Washington is an “at-will” employment state This means employers may fire an employee at any time and for no reason. But it is illegal retaliation to fire someone because of their legally protected actions or to stop them from taking legally protected action.
What activities are legally protected at work?
Some activities are protected by law. They include:
- Complaining about discrimination or harassment
- Complaining about unsafe working conditions
- Complaining about not getting minimum wage or overtime pay
- Helping investigate discrimination, harassment, or retaliation against another employee
- Reporting violations of laws or regulations or health and safety problems
- Whistleblowing as defined in RCW 42.40.020(10)
- Refusing to sign an illegal nondisclosure agreement or illegal arbitration agreement
- Concerted activity (working with other employees to improve working conditions), including union organizing
- Filing for workers’ compensation
- Asking for medical leave or a disability accommodation
- Exercised another protected legal right at work, like refusing to participate in employer sponsored political or religious events
Example 1: You make a complaint about sexual harassment. Your employer fires you for making the complaint. This is retaliation.
Example 2: You ask for reasonable accommodation of your disability. Your employer refuses to promote you as a result. This is retaliation and employment discrimination.
Retaliation prohibited under state law
It’s illegal under Washington State law (RCW 49.60.210) for your employer to retaliate against you for filing a complaint of discrimination, harassment, or other workplace violations. Even if an investigation finds that discrimination, harassment, or another workplace violation didn’t happen, you may still have a claim of retaliation if your employer took a significant adverse action against you for making the complaint.