Legal Definitions - protected activity

A protected activity refers to an action or conduct that is specifically allowed, encouraged, or safeguarded by a law or a constitutional principle. When an individual engages in such an activity, they are legally shielded from negative consequences or punishment (known as retaliation) from others who might disapprove of their actions.

Here are some examples to illustrate this concept:

• Reporting Workplace Safety Violations: Imagine a factory worker who observes a critical safety hazard, such as a malfunctioning machine that could seriously injure colleagues. The worker files a confidential report with the Occupational Safety and Health Administration (OSHA), a government agency responsible for workplace safety. This act of reporting a safety violation is a protected activity under federal law.

  If the employer subsequently demotes the worker, reduces their pay, or fires them specifically because they reported the safety hazard, this would be illegal retaliation. The law protects workers who report unsafe conditions to ensure they can do so without fear of losing their job or facing other negative repercussions.

• Participating in Union Organizing: Consider a group of retail employees who are dissatisfied with their working conditions and decide to explore forming a labor union. They hold meetings after work, distribute informational flyers about unionization, and discuss their rights to organize. These actions are protected activities under the National Labor Relations Act.

  If the store management were to threaten these employees with termination, cut their hours, or transfer them to less desirable positions solely because of their involvement in union organizing, this would constitute unlawful retaliation. Labor laws protect employees' right to organize and collectively bargain without employer interference or punishment.

• Serving on a Jury: A citizen receives a summons for jury duty and, after selection, serves for two weeks on a criminal trial. This civic duty is a protected activity, as laws in many jurisdictions prohibit employers from penalizing employees for fulfilling their jury obligations.

  If, upon returning to work, the employee's manager fires them, reduces their salary, or denies them a promotion specifically because they missed work to serve on the jury, this would be an illegal act of retaliation. The law ensures that citizens can participate in the justice system without facing adverse employment actions.