Understanding Law Enforcement Workplace Retaliation

If you’re in law enforcement and you’ve been unfairly penalized for doing the right thing, here is what you need to know.

While police officers and other law enforcement personnel are tasked with protecting the public, they sometimes become victims themselves – and this victimization often happens on the job.

What is Law Enforcement Workplace Retaliation?

Law enforcement workplace retaliation refers to actions taken against a law enforcement officer by their employer or superiors in response to the officer’s perceived or actual reporting of misconduct, exercising of their rights, or other lawful actions. This can include any adverse employment action such as demotion, suspension, termination, or harassment. This type of retaliation is illegal and violates the officer’s rights.

What is an Example of This Kind of Retaliation?

Let’s look at one common scenario. If a police officer reports a fellow officer for using excessive force during an arrest and the reporting officer is:

• Transferred to a less desirable shift
• Faces increased scrutiny from their superiors
• Faces false allegations of policy violations.

Workplace retaliation may have occurred. In this situation, the reporting officer is being punished for speaking out against misconduct, which is a form of retaliation.

How Widespread is This Problem?

The LAPD recently acknowledged it has not done enough to stop workplace retaliation.

An internal report from LAPD Inspector General Nicole Bershon “found systemic problems with the way internal affairs investigators look into retaliation claims. Often, the report said, investigators determine that the actions of accused officers do not amount to misconduct.

As a result, the accused officers frequently are not interviewed and sometimes are removed from the investigation altogether, which makes it all but impossible for the department to identify a pattern of misbehavior as a problem employee moves from assignment to assignment.”

After the report, the LAPD announced it would take measures to help reduce retaliation in the workplace.

How Does the Law Protect People?

Law enforcement workplace retaliation is governed by a combination of federal and state laws, as well as departmental policies and collective bargaining agreements.

At the federal level, the primary law that governs law enforcement workplace retaliation is the First Amendment of the United States Constitution, which protects the right to free speech, including the right to report illegal or unethical behavior.

Additionally, Title VII of the Civil Rights Act of 1964 and other federal laws, such as the False Claims Act and the Whistleblower Protection Act, also provide protections for employees who report misconduct or otherwise engage in protected activities.

State laws may also provide additional protections for law enforcement officers. For example, many states have enacted laws that specifically address workplace retaliation in the context of law enforcement.

It’s important to note that laws and protections may vary depending on the jurisdiction and the specific circumstances of the case.

What to Do If You’re a Victim of Retaliation?

One of the first steps to take is to consult with an attorney that specializes in this area. In 2022,  LB Law Group won a $2.5 million verdict for a female LAPD officer who was subjected to a toxic work environment that caused her extreme emotional distress.

The right attorney can help ensure that your case is fairly settled or litigated, and that you receive any compensation to which you may be entitled.