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Retaliation Based on Exercise of Workplace Rights Is Unlawful

U.S. laws prohibit employers from retaliating against workers for exercising their workplace rights, regardless of the workers' immigration status. Employees are protected in seeking enforcement of labor and employment laws. This fact sheet clarifies that retaliation against workers who assert workplace rights is unlawful, regardless of the workers' immigration status. 


Employee Rights

Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union.

Employer/Union Rights and Obligations

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

NLRA and the Right to Strike

The Right to Strike. Section 7 of the Act states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section. Section 13 also concerns the right to strike.

The NLRB and Social Media

The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.