Workplaces are legally required to be free from discrimination and harassment. When an employee steps up to report illegal behavior—whether it’s based on race, gender, sexual orientation, religion, disability, or any other protected category—they are exercising a fundamental legal right. But what happens when the person who speaks up gets fired?
Unfortunately, retaliation is all too common. In fact, retaliation is one of the most frequently cited claims in employment law cases nationwide. The good news: if you were fired—or even demoted, harassed, or otherwise punished—because you reported discrimination or harassment, you may have a valid wrongful termination claim.
Let’s break down what the law says, how to recognize retaliation, and when you can sue your employer for firing you after reporting discrimination or harassment.
What the Law Says About Retaliation
Both federal and Texas laws protect employees from retaliation when they report discrimination or harassment in the workplace. Key laws include:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Texas Labor Code – Chapter 21
These laws prohibit employers from taking adverse employment actions—like firing, demoting, or cutting hours—against employees who engage in protected activity. Protected activities include:
- Reporting discrimination or harassment to HR or a manager
- Filing a formal complaint with the EEOC or Texas Workforce Commission
- Participating in a workplace investigation
- Refusing to go along with discriminatory practices
- Supporting a coworker’s complaint of discrimination
If you were terminated shortly after doing any of the above, your firing may be considered retaliatory and therefore unlawful.
What Counts as Protected Activity?
Many employees are afraid to come forward because they think their complaint has to be “official” to be protected. Not true. You don’t need to file a lawsuit or go to the EEOC to be protected from retaliation.
You are legally protected if you:
- Inform your manager that you believe you’re being discriminated against
- File an internal complaint with your HR department
- Tell a supervisor that a coworker is being harassed
- Participate as a witness in someone else’s case
Even informal complaints, verbal reports, or emails expressing concern can count as protected activity—as long as they involve a belief that illegal discrimination or harassment occurred.
Signs You Were Retaliated Against
Employers rarely admit to firing someone because of a complaint. Instead, retaliation is often disguised as a performance issue, restructuring, or vague “cultural” misfit.
Common signs of retaliation include:
- Being fired shortly after your complaint
- Suddenly receiving poor performance reviews despite prior positive feedback
- Being isolated, excluded, or reassigned to worse shifts or locations
- Losing responsibilities or being passed over for promotions
- Being subject to heightened scrutiny or micromanagement
If your termination happened within weeks or even months of reporting discrimination or harassment, the timing alone may raise suspicion.
Can You Sue for Retaliation?
Yes. If your employer fired you because you engaged in a protected activity, you can sue for wrongful termination due to retaliation.
To succeed in a retaliation lawsuit, you’ll generally need to show three things:
- You engaged in protected activity
(e.g., reporting discrimination or harassment)
- You suffered an adverse employment action
(e.g., termination, demotion, significant change in job duties)
- There’s a causal link between the two
(e.g., suspicious timing, inconsistent reasons, or documented hostility)
You don’t have to prove that your original complaint of discrimination was 100% accurate—only that you had a good-faith belief that illegal behavior was happening and that you were punished for reporting it.
What You Can Recover in a Retaliation Lawsuit
If your lawsuit is successful, you may be entitled to recover:
- Lost wages and benefits (back pay and front pay)
- Emotional distress damages
- Punitive damages (if the employer’s conduct was especially malicious)
- Legal fees and court costs
- Reinstatement (in rare cases, you may be offered your job back)
Even if you don’t want your old job back, holding your employer accountable may provide justice, closure, and financial compensation.
What to Do If You Think You Were Retaliated Against
- Document everything
Save emails, messages, performance reviews, and notes from meetings. Create a timeline of events.
- Request your personnel file
In Texas, you can often request your file from your employer to see what’s documented.
- File a charge with the EEOC or Texas Workforce Commission (TWC)
Before suing, you must file a complaint with one of these agencies—usually within 180 days of the retaliatory act. Don’t wait.
- Consult an employment attorney
A wrongful termination lawyer can help you understand your options, assess the strength of your case, and represent you in negotiations or litigation.
Final Thoughts
Reporting discrimination or harassment takes courage—and firing someone for speaking up is not just unethical, it’s illegal. If you’ve lost your job after raising concerns, you don’t have to accept what happened in silence. Legal protections are in place to shield employees from retaliation and hold employers accountable.
Speak with an employment attorney to explore your rights and potential remedies. You stood up for what was right—now make sure your rights are protected too. We recommend wrongful termination lawyers Dallas.
