Legal Definitions - negative reprisal

A negative reprisal refers to a harmful, adverse, or detrimental action taken against an individual or group as a form of retaliation for a previous action they took. This retaliatory action is intended to punish, deter, or disadvantage the party that engaged in the original action, which might have been a complaint, a report, a criticism, or the exercise of a legal right.

Here are some examples illustrating negative reprisal:

• Example 1: Workplace Retaliation

  A junior accountant reports a senior manager to the company's ethics hotline for suspected financial misconduct. A few weeks later, despite having consistently positive performance reviews, the accountant is suddenly given a significantly reduced workload, removed from key projects, and denied a previously promised promotion. The company claims it's a "restructuring," but it occurs immediately after the report.

  Explanation: The reduction in workload, removal from projects, and denial of promotion constitute a negative reprisal. These are adverse actions taken by the employer against the accountant in retaliation for reporting the senior manager's misconduct, aiming to punish or sideline them for exercising their right to report unethical behavior.

• Example 2: Consumer Services

  A long-time customer of an internet service provider files a formal complaint with a regulatory body about persistent overcharging and poor service. Shortly after the complaint is lodged, the internet provider unexpectedly terminates the customer's service contract, citing a minor, previously overlooked clause violation that had never been enforced before.

  Explanation: The termination of the service contract, based on a minor and previously ignored violation, is a negative reprisal. It's a harmful action taken by the provider against the customer in retaliation for the customer's formal complaint to a regulatory authority, intended to punish them for seeking redress.

• Example 3: Public Criticism

  A local community organization publicly criticizes the city council's decision to approve a controversial new development project, arguing it will negatively impact local green spaces. The following month, the city's parks department, which had previously provided free permits for the organization's annual community festival for years, suddenly imposes a prohibitively expensive permit fee, effectively preventing the event from taking place.

  Explanation: The imposition of a prohibitively expensive permit fee is a negative reprisal. This adverse action by the city's parks department is taken against the community organization in retaliation for its public criticism of the city council's decision, aiming to silence or penalize the group for exercising its right to free speech.