{"attribution":{"name":"InterObservers Employer Desk","url":"https://interobservers.com/desk/"},"license":{"name":"CC BY 4.0","url":"https://creativecommons.org/licenses/by/4.0/","applies_to":"The compilation: selection, structure, summaries and field names, by InterObservers Employer Desk.","official_sources":"Quoted statutes and agency text are reproduced verbatim from official government sources and remain the works of those governments. U.S. federal government works are in the public domain; state and local government material is quoted for reference with a link to the source.","attribution_required":"Credit \"InterObservers Employer Desk\" with a link to https://interobservers.com/desk/."},"disclaimer":"General information, not legal advice. Laws change; check the official source linked.","generated_at":"2026-10-14T04:38:37Z","api_version":"1.0.0","name":"Federal protections for employee complaints and protected activity (anti-retaliation provisions)","page_url":"https://interobservers.com/desk/templates/difficult-conversation-script/","api_url":"https://interobservers.com/api/v1/conversation/protected-activity.json","jurisdiction":"US","source_url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","verified_at":"2026-09-29","note":"Federal law only; state and local laws are not covered. Each verified record quotes the law word for word (citation) and a second official source on a different government website (second_source), both checked against saved copies of the official pages, with the date of that check (verified_at). A record is published only while it is verified and verified_at is at most 180 days old. A record listed in pending has no verified answer: it carries only the official page to check (draft_official_url), never a rule or a quote. law_key \"coverage\" and \"exclusion\" records say who a law covers or leaves out. extra_quotes lists more statute or regulation text shown with a record, each quoted word for word from its official page, with its kind (statute or regulation) and label. A source read from an Internet Archive copy of its official address, because the official site did not answer, has archived set to the date of that copy (YYYY-MM-DD); otherwise archived is null. Where covers or protects gives the reading of an agency or of a regulation, it names it (\"the EEOC says\"). Whether a law applies to a given employer (for example its number of employees) is not decided here.","counts":{"verified":24,"verified_protected_activity":22,"activities":17,"pending":2},"records":[{"key":"US|protected_activity|title_vii_opposition","law_key":"protected_activity","law_id":"title_vii","law":"Title VII of the Civil Rights Act of 1964, section 704(a)","activity":"opposed_discrimination","protects":"An employer may not discriminate against an employee or applicant for employment because he or she has opposed any practice made an unlawful employment practice by Title VII.","rule":null,"covers":"Employers, employment agencies, labor organizations, and joint labor-management committees controlling apprenticeship or other training programs.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000e-3(a)","url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","quote":"It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter","label":"42 U.S.C. 2000e-3(a)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"In addition to participation, an individual is protected from retaliation for opposing any practice made unlawful under the EEO laws.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|title_vii_participation","law_key":"protected_activity","law_id":"title_vii","law":"Title VII of the Civil Rights Act of 1964, section 704(a)","activity":"participated_in_charge","protects":"An employer may not discriminate against an employee or applicant for employment because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII.","rule":null,"covers":"Employers, employment agencies, labor organizations, and joint labor-management committees controlling apprenticeship or other training programs.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000e-3(a)","url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","quote":"It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.","label":"42 U.S.C. 2000e-3(a)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The anti-retaliation provisions make it unlawful to discriminate because an individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII, the ADEA, the EPA, the ADA, the Rehabilitation Act, or GINA.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|title_vii_pay_discussion","law_key":"protected_activity","law_id":"title_vii","law":"Title VII of the Civil Rights Act of 1964, section 704(a)","activity":"discussing_pay","protects":"An employer may not discriminate against an employee because he or she has opposed a practice made unlawful by Title VII, and the EEOC says that complaining or asking about compensation, or discussing rates of pay, may constitute protected opposition under the EEO laws based upon the facts of a given case.","rule":null,"covers":"Employers, employment agencies, labor organizations, and joint labor-management committees controlling apprenticeship or other training programs.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000e-3(a)","url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","quote":"It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter","label":"42 U.S.C. 2000e-3(a)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"When an employee communicates to management or coworkers to complain or ask about compensation, or otherwise discusses rates of pay, the communication may constitute protected opposition under the EEO laws, making employer retaliation actionable based upon the facts of a given case.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|ada_opposition","law_key":"protected_activity","law_id":"ada","law":"Americans with Disabilities Act, section 503(a)","activity":"opposed_discrimination","protects":"No person may discriminate against any individual because he or she has opposed any act or practice made unlawful by the ADA.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 12203(a)","url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","quote":"No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.","label":"42 U.S.C. 12203(a)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"In addition to participation, an individual is protected from retaliation for opposing any practice made unlawful under the EEO laws.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|ada_participation","law_key":"protected_activity","law_id":"ada","law":"Americans with Disabilities Act, section 503(a)","activity":"participated_in_charge","protects":"No person may discriminate against any individual because he or she made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the ADA.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 12203(a)","url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","quote":"No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.","label":"42 U.S.C. 12203(a)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The anti-retaliation provisions make it unlawful to discriminate because an individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII, the ADEA, the EPA, the ADA, the Rehabilitation Act, or GINA.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|ada_accommodation_request","law_key":"protected_activity","law_id":"ada","law":"Americans with Disabilities Act, section 503(b)","activity":"disability_accommodation_request","protects":"It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of a right the ADA grants, and the EEOC says a request for reasonable accommodation of a disability is protected activity.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 12203(b)","url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","quote":"It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.","label":"42 U.S.C. 12203(b)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"A request for reasonable accommodation of a disability constitutes protected activity under the ADA, and therefore retaliation for such requests is unlawful.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[{"law":"29 CFR 1630.12(b)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1630&section=1630.12","quote":"It is unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this part.","label":"29 CFR 1630.12(b)","kind":"regulation","archived":null}],"source_url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|ada_interference","law_key":"protected_activity","law_id":"ada","law":"Americans with Disabilities Act, section 503(b)","activity":"disability_interference","protects":"It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of any right the ADA grants, or because he or she aided or encouraged another individual to exercise it.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 12203(b)","url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","quote":"It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.","label":"42 U.S.C. 12203(b)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The ADA prohibits not just retaliation, but also \"interference\" with the exercise or enjoyment of ADA rights.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/12203?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|adea_opposition","law_key":"protected_activity","law_id":"adea","law":"Age Discrimination in Employment Act, section 4(d)","activity":"age_discrimination_complaint","protects":"An employer may not discriminate against an employee or applicant for employment because he or she has opposed any practice made unlawful by the ADEA, or has made a charge, testified, assisted, or participated in an investigation, proceeding, or litigation under it.","rule":null,"covers":"Employers, employment agencies, and labor organizations.","in_law_words":true,"citation":{"law":"29 U.S.C. 623(d)","url":"https://www.govinfo.gov/link/uscode/29/623?link-type=html","quote":"It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.","label":"29 U.S.C. 623(d)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"In addition to participation, an individual is protected from retaliation for opposing any practice made unlawful under the EEO laws.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/623?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|adea_participation","law_key":"protected_activity","law_id":"adea","law":"Age Discrimination in Employment Act, section 4(d)","activity":"participated_in_charge","protects":"An employer may not discriminate against an employee or applicant for employment because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under the ADEA.","rule":null,"covers":"Employers, employment agencies, and labor organizations.","in_law_words":true,"citation":{"law":"29 U.S.C. 623(d)","url":"https://www.govinfo.gov/link/uscode/29/623?link-type=html","quote":"It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.","label":"29 U.S.C. 623(d)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The anti-retaliation provisions make it unlawful to discriminate because an individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII, the ADEA, the EPA, the ADA, the Rehabilitation Act, or GINA.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/623?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|flsa_complaint","law_key":"protected_activity","law_id":"flsa","law":"Fair Labor Standards Act, section 15(a)(3)","activity":"wage_complaint","protects":"No person may discharge or in any other manner discriminate against an employee because the employee has filed any complaint or instituted a proceeding under or related to the FLSA, or has testified or is about to testify in such a proceeding.","rule":null,"covers":"Any person, as to any employee.","in_law_words":true,"citation":{"law":"29 U.S.C. 215(a)(3)","url":"https://www.govinfo.gov/link/uscode/29/215?link-type=html","quote":"to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee","label":"29 U.S.C. 215(a)(3)","kind":"statute","archived":null},"second_source":{"law":"U.S. Department of Labor, Wage and Hour Division, Fact Sheet #77A: Prohibiting Retaliation Under the FLSA","url":"https://www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation","quote":"Employees are protected regardless of whether the complaint is made orally or in writing. Complaints made to the Wage and Hour Division are protected, and most courts have ruled that internal complaints to an employer are also protected.","label":"U.S. Department of Labor, Wage and Hour Division, Fact Sheet #77A: Prohibiting Retaliation Under the FLSA","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/215?link-type=html","second_source_url":"https://www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|epa_complaint","law_key":"protected_activity","law_id":"epa","law":"Equal Pay Act (through Fair Labor Standards Act section 15(a)(3))","activity":"equal_pay_complaint","protects":"No person may discharge or in any other manner discriminate against an employee because the employee has filed any complaint or instituted a proceeding under or related to the FLSA, and the EEOC says the Equal Pay Act incorporates the anti-retaliation provision of the Fair Labor Standards Act (FLSA).","rule":null,"covers":"Any person, as to any employee.","in_law_words":true,"citation":{"law":"29 U.S.C. 215(a)(3)","url":"https://www.govinfo.gov/link/uscode/29/215?link-type=html","quote":"to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee","label":"29 U.S.C. 215(a)(3)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The EPA incorporates the anti-retaliation provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3).","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/215?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|fmla_leave","law_key":"protected_activity","law_id":"fmla","law":"Family and Medical Leave Act, section 105(a)(1)","activity":"fmla_leave","protects":"An employer may not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any FMLA right, and DOL's regulation says employers cannot use the taking of FMLA leave as a negative factor in employment actions such as hiring, promotions or disciplinary actions.","rule":null,"covers":"Any employer covered by the FMLA.","in_law_words":true,"citation":{"law":"29 U.S.C. 2615(a)(1)","url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","quote":"It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.","label":"29 U.S.C. 2615(a)(1)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 825.220(c)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=825&section=825.220","quote":"employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions","label":"29 CFR 825.220(c)","kind":"regulation","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=825&section=825.220","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|fmla_opposition","law_key":"protected_activity","law_id":"fmla","law":"Family and Medical Leave Act, section 105(a)(2)","activity":"fmla_opposition","protects":"An employer may not discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by the FMLA.","rule":null,"covers":"Any employer covered by the FMLA.","in_law_words":true,"citation":{"law":"29 U.S.C. 2615(a)(2)","url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","quote":"It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.","label":"29 U.S.C. 2615(a)(2)","kind":"statute","archived":null},"second_source":{"law":"U.S. Department of Labor, Wage and Hour Division, Fact Sheet #77B: Protection for Individuals under the FMLA","url":"https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections","quote":"An employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.","label":"U.S. Department of Labor, Wage and Hour Division, Fact Sheet #77B: Protection for Individuals under the FMLA","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","second_source_url":"https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|fmla_proceeding","law_key":"protected_activity","law_id":"fmla","law":"Family and Medical Leave Act, section 105(b)","activity":"fmla_proceeding","protects":"No person may discharge or in any other manner discriminate against any individual because he or she has filed any charge or instituted any proceeding under or related to the FMLA.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"29 U.S.C. 2615(b)(1)","url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","quote":"has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subchapter","label":"29 U.S.C. 2615(b)(1)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 825.220(a)(3)(i)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=825&section=825.220","quote":"Filed any charge, or has instituted (or caused to be instituted) any proceeding under or related to this Act","label":"29 CFR 825.220(a)(3)(i)","kind":"regulation","archived":null},"extra_quotes":[{"law":"29 U.S.C. 2615(b)","url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","quote":"It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual","label":"29 U.S.C. 2615(b)","kind":"statute","archived":null}],"source_url":"https://www.govinfo.gov/link/uscode/29/2615?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=825&section=825.220","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|osh_complaint","law_key":"protected_activity","law_id":"osh_act","law":"Occupational Safety and Health Act, section 11(c)","activity":"safety_complaint","protects":"No person may discharge or in any manner discriminate against an employee because he or she has filed any complaint under or related to the OSH Act or exercised any right the Act affords, and OSHA's regulation says a good-faith complaint to the employer about safety and health is related to the Act.","rule":null,"covers":"Any person, as to any employee.","in_law_words":true,"citation":{"law":"29 U.S.C. 660(c)(1)","url":"https://www.govinfo.gov/link/uscode/29/660?link-type=html","quote":"No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.","label":"29 U.S.C. 660(c)(1)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 1977.9(c)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1977&section=1977.9","quote":"Such complaints to employers, if made in good faith, therefore would be related to the Act, and an employee would be protected against discharge or discrimination caused by a complaint to the employer.","label":"29 CFR 1977.9(c)","kind":"regulation","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/660?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1977&section=1977.9","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|nlra_concerted_activity","law_key":"protected_activity","law_id":"nlra","law":"National Labor Relations Act, sections 7 and 8(a)(1)","activity":"concerted_activity","protects":"Employees have the right to engage in concerted activities for collective bargaining or other mutual aid or protection, and an employer may not interfere with, restrain, or coerce employees in the exercise of that right.","rule":null,"covers":"Employers covered by the National Labor Relations Act, as to their employees; the EEOC says the NLRA protection does not extend to supervisors, managers, agricultural workers, and employees of rail and air carriers.","in_law_words":true,"citation":{"law":"29 U.S.C. 157","url":"https://www.govinfo.gov/link/uscode/29/157?link-type=html","quote":"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection","label":"29 U.S.C. 157","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The NLRA protects non-supervisory employees who are covered by that law from employer retaliation when they discuss their wages or working conditions with their colleagues as part of a concerted activity, even if there is no union or other formal organization involved in the effort.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[{"law":"29 U.S.C. 158(a)(1)","url":"https://www.govinfo.gov/link/uscode/29/158?link-type=html","quote":"to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title","label":"29 U.S.C. 158(a)(1)","kind":"statute","archived":null}],"source_url":"https://www.govinfo.gov/link/uscode/29/157?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|nlra_pay_discussion","law_key":"protected_activity","law_id":"nlra","law":"National Labor Relations Act, sections 7 and 8(a)(1)","activity":"discussing_pay","protects":"Employees have the right to engage in concerted activities for mutual aid or protection, and the EEOC says the NLRA protects non-supervisory employees who are covered by that law from employer retaliation when they discuss their wages or working conditions with their colleagues as part of a concerted activity.","rule":null,"covers":"Employers covered by the National Labor Relations Act, as to their employees; the EEOC says the NLRA protection does not extend to supervisors, managers, agricultural workers, and employees of rail and air carriers.","in_law_words":true,"citation":{"law":"29 U.S.C. 157","url":"https://www.govinfo.gov/link/uscode/29/157?link-type=html","quote":"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection","label":"29 U.S.C. 157","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The NLRA protects non-supervisory employees who are covered by that law from employer retaliation when they discuss their wages or working conditions with their colleagues as part of a concerted activity, even if there is no union or other formal organization involved in the effort.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[{"law":"29 U.S.C. 158(a)(1)","url":"https://www.govinfo.gov/link/uscode/29/158?link-type=html","quote":"to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title","label":"29 U.S.C. 158(a)(1)","kind":"statute","archived":null}],"source_url":"https://www.govinfo.gov/link/uscode/29/157?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|nlra_union_activity","law_key":"protected_activity","law_id":"nlra","law":"National Labor Relations Act, section 8(a)(3)","activity":"union_activity","protects":"An employer may not, by discrimination in regard to hire or tenure of employment or any term or condition of employment, encourage or discourage membership in any labor organization, and the NLRB says employers may not discharge, lay off, or discipline employees because they are pro-union.","rule":null,"covers":"Employers covered by the National Labor Relations Act, as to their employees; the EEOC says the NLRA protection does not extend to supervisors, managers, agricultural workers, and employees of rail and air carriers.","in_law_words":true,"citation":{"law":"29 U.S.C. 158(a)(3)","url":"https://www.govinfo.gov/link/uscode/29/158?link-type=html","quote":"by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization","label":"29 U.S.C. 158(a)(3)","kind":"statute","archived":null},"second_source":{"law":"National Labor Relations Board: Discriminating against employees because of their union activities or sympathies (Section 8(a)(3))","url":"https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/discriminating-against-employees-because-of-their-union","quote":"For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.","label":"National Labor Relations Board: Discriminating against employees because of their union activities or sympathies (Section 8(a)(3))","kind":"agency","archived":"2026-09-14"},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/158?link-type=html","second_source_url":"https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/discriminating-against-employees-because-of-their-union","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|pwfa_accommodation_request","law_key":"protected_activity","law_id":"pwfa","law":"Pregnant Workers Fairness Act, section 103(5)","activity":"pregnancy_accommodation_request","protects":"A covered entity may not take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to known limitations related to pregnancy, childbirth, or related medical conditions.","rule":null,"covers":"Covered entities under the Pregnant Workers Fairness Act.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000gg-1(5)","url":"https://www.govinfo.gov/link/uscode/42/2000gg-1?link-type=html","quote":"take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.","label":"42 U.S.C. 2000gg-1(5)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 1636.5(f)(1)(ii)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","quote":"A request for reasonable accommodation for a known limitation under the PWFA constitutes protected activity under this paragraph (f)(1).","label":"29 CFR 1636.5(f)(1)(ii)","kind":"regulation","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000gg-1?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|pwfa_retaliation","law_key":"protected_activity","law_id":"pwfa","law":"Pregnant Workers Fairness Act, section 104(f)(1)","activity":"opposed_discrimination","protects":"No person may discriminate against any employee because he or she has opposed any act or practice made unlawful by the PWFA or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under it.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000gg-2(f)(1)","url":"https://www.govinfo.gov/link/uscode/42/2000gg-2?link-type=html","quote":"No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this chapter or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.","label":"42 U.S.C. 2000gg-2(f)(1)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 1636.5(f)(1)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","quote":"No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by the PWFA or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the PWFA.","label":"29 CFR 1636.5(f)(1)","kind":"regulation","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000gg-2?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|pwfa_interference","law_key":"protected_activity","law_id":"pwfa","law":"Pregnant Workers Fairness Act, section 104(f)(2)","activity":"pregnancy_interference","protects":"It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of any right the PWFA grants or protects.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000gg-2(f)(2)","url":"https://www.govinfo.gov/link/uscode/42/2000gg-2?link-type=html","quote":"It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.","label":"42 U.S.C. 2000gg-2(f)(2)","kind":"statute","archived":null},"second_source":{"law":"29 CFR 1636.5(f)(2)","url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","quote":"It shall be unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the PWFA.","label":"29 CFR 1636.5(f)(2)","kind":"regulation","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000gg-2?link-type=html","second_source_url":"https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","verified_at":"2026-09-29","status":"verified"},{"key":"US|protected_activity|gina_retaliation","law_key":"protected_activity","law_id":"gina","law":"Genetic Information Nondiscrimination Act, section 207(f)","activity":"genetic_information","protects":"No person may discriminate against any individual because he or she has opposed any act or practice made unlawful by GINA or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under it.","rule":null,"covers":"Any person.","in_law_words":true,"citation":{"law":"42 U.S.C. 2000ff-6(f)","url":"https://www.govinfo.gov/link/uscode/42/2000ff-6?link-type=html","quote":"No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.","label":"42 U.S.C. 2000ff-6(f)","kind":"statute","archived":null},"second_source":{"law":"EEOC: Genetic Information Discrimination","url":"https://www.eeoc.gov/genetic-information-discrimination","quote":"Under GINA, it is illegal to fire, demote, harass, or otherwise \"retaliate\" against an applicant or employee for filing a charge of discrimination, participating in a discrimination proceeding (such as a discrimination investigation or lawsuit), or otherwise opposing discrimination.","label":"EEOC: Genetic Information Discrimination","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/42/2000ff-6?link-type=html","second_source_url":"https://www.eeoc.gov/genetic-information-discrimination","verified_at":"2026-09-29","status":"verified"}],"scope_records":[{"key":"US|exclusion|nlra_supervisors","law_key":"exclusion","law_id":"nlra","law":"National Labor Relations Act, section 2(3) and 2(11)","activity":null,"protects":null,"rule":"The NLRA's definition of employee does not include any individual employed as a supervisor, so the rights it gives employees do not extend to supervisors.","covers":"Individuals employed as supervisors, among others listed in the definition.","in_law_words":true,"citation":{"law":"29 U.S.C. 152(3)","url":"https://www.govinfo.gov/link/uscode/29/152?link-type=html","quote":"but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor","label":"29 U.S.C. 152(3)","kind":"statute","archived":null},"second_source":{"law":"EEOC Enforcement Guidance on Retaliation and Related Issues","url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","quote":"The NLRA protection, however, does not extend to supervisors, managers, agricultural workers, and employees of rail and air carriers.","label":"EEOC Enforcement Guidance on Retaliation and Related Issues","kind":"agency","archived":null},"extra_quotes":[{"law":"29 U.S.C. 152(11)","url":"https://www.govinfo.gov/link/uscode/29/152?link-type=html","quote":"The term \"supervisor\" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.","label":"29 U.S.C. 152(11)","kind":"statute","archived":null}],"source_url":"https://www.govinfo.gov/link/uscode/29/152?link-type=html","second_source_url":"https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","verified_at":"2026-09-29","status":"verified"},{"key":"US|coverage|osh_act","law_key":"coverage","law_id":"osh_act","law":"Occupational Safety and Health Act, section 3(5)","activity":null,"protects":null,"rule":"The OSH Act covers most private sector employers; an employer is a person engaged in a business affecting commerce who has employees, not including the United States (except the United States Postal Service) or any State or political subdivision of a State.","covers":"Most private sector employers and their workers, in addition to some public sector employers and workers.","in_law_words":true,"citation":{"law":"29 U.S.C. 652(5)","url":"https://www.govinfo.gov/link/uscode/29/652?link-type=html","quote":"The term \"employer\" means a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.","label":"29 U.S.C. 652(5)","kind":"statute","archived":null},"second_source":{"law":"OSHA: About OSHA","url":"https://www.osha.gov/aboutosha","quote":"The OSH Act covers most private sector employers and their workers, in addition to some public sector employers and workers in the 50 states and certain territories and jurisdictions under federal authority.","label":"OSHA: About OSHA","kind":"agency","archived":null},"extra_quotes":[],"source_url":"https://www.govinfo.gov/link/uscode/29/652?link-type=html","second_source_url":"https://www.osha.gov/aboutosha","verified_at":"2026-09-29","status":"verified"}],"pending":[{"key":"US|protected_activity|nlra_charge_testimony","law_key":"protected_activity","law_id":"nlra","activity":"nlrb_charge_testimony","status":"no_verified_answer","message":"No verified answer. Check the official source.","draft_official_url":"https://www.govinfo.gov/link/uscode/29/158?link-type=html","draft_official_label":"29 U.S.C. 158(a)(4)"},{"key":"US|coverage|nlra","law_key":"coverage","law_id":"nlra","activity":null,"status":"no_verified_answer","message":"No verified answer. Check the official source.","draft_official_url":"https://www.govinfo.gov/link/uscode/29/152?link-type=html","draft_official_label":"29 U.S.C. 152(2)"}],"dataset":{"@context":"https://schema.org","@type":"Dataset","name":"Federal protected activity and anti-retaliation provisions (Employer Desk)","description":"Federal statutes that protect employees who complain, take part in an investigation, take protected leave or act together, each quoted word for word and checked against a second official source.","url":"https://interobservers.com/desk/templates/difficult-conversation-script/","license":"https://creativecommons.org/licenses/by/4.0/","isAccessibleForFree":true,"creator":{"@type":"Organization","name":"InterObservers","url":"https://interobservers.com/"},"dateModified":"2026-09-29","spatialCoverage":{"@type":"Place","name":"United States"},"isBasedOn":["https://www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation","https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections","https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1636&section=1636.5","https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=1977&section=1977.9","https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-29?part=825&section=825.220","https://www.eeoc.gov/genetic-information-discrimination","https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues","https://www.govinfo.gov/link/uscode/29/152?link-type=html","https://www.govinfo.gov/link/uscode/29/157?link-type=html","https://www.govinfo.gov/link/uscode/29/158?link-type=html","https://www.govinfo.gov/link/uscode/29/215?link-type=html","https://www.govinfo.gov/link/uscode/29/2615?link-type=html","https://www.govinfo.gov/link/uscode/29/623?link-type=html","https://www.govinfo.gov/link/uscode/29/652?link-type=html","https://www.govinfo.gov/link/uscode/29/660?link-type=html","https://www.govinfo.gov/link/uscode/42/12203?link-type=html","https://www.govinfo.gov/link/uscode/42/2000e-3?link-type=html","https://www.govinfo.gov/link/uscode/42/2000ff-6?link-type=html","https://www.govinfo.gov/link/uscode/42/2000gg-1?link-type=html","https://www.govinfo.gov/link/uscode/42/2000gg-2?link-type=html","https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/discriminating-against-employees-because-of-their-union","https://www.osha.gov/aboutosha"],"distribution":[{"@type":"DataDownload","encodingFormat":"application/json","contentUrl":"https://interobservers.com/api/v1/conversation/protected-activity.json"}]}}