Most retaliation cases include employees getting fired or penalized after engaging in actions protected by the EEOC (Equal Employment Opportunity Commission). This includes the following. - Requesting accommodation for religious beliefs or a disability. This might include asking for time off on a religious holiday. - Refusing a sexual advancement. A related case would be standing up for someone else who is experiencing sexual harassment. - Refusing to engage in behavior that would result in discrimination, even if a superior orders it. - Reporting illegal or unethical behavior, also known as whistleblowing. Union activities. This includes participating in unions and discussing or advocating for a union. - Reporting harassment or discrimination to a supervisor. - Filing an EEO charge for any reason. If someone files a claim for an issue such as discrimination, you can be hit with an additional claim if you penalize them.
Retaliation is not only firing an employee. It can include many other actions, such as: - Making threats, reprimands, or anything that could be considered verbal abuse. - Transfers to different departments or work assignments that the worker considers undesirable. - Any words or actions that can be interpreted as unequal treatment. For example, if Mary is reprimanded for coming to work 5 minutes late while other employees do the same without incident. - The employee’s actual performance does not justify poor performance reviews.
Retaliation claims often happen when employees feel that they aren’t being treated the same as others. Consistency is a crucial policy in the workplace. Equal treatment must be applied across departments as well as within each department. It’s essential that no one feels they are being mistreated due to race, sex, age, sexual orientation, or other characteristics. Respect and promote diversity in your hiring and promoting practices.
The first step is to ensure that employees feel their concerns are being heard. It’s, therefore, essential to promptly investigate every complaint, even those you might consider minor or trivial. Any complaint reveals that the employee feels that they have been wronged and may seek a discrimination attorney. You want to do everything possible to show that you take this complaint seriously.
You need a workable policy for handling complaints. When a complaint is made, you want to know exactly what to do and who should address it. Have a qualified person or team in charge of handling complaints. They should be trained to recognize EEO violations, ask complainants the right questions, and respond appropriately.
Managers, supervisors, and human resources professionals should know how to respond when an employee believes there’s been an EEO violation. For example, they should know what type of questions to ask the employee and respond with empathy. A response that’s seen as hostile or unsympathetic can make it more likely that the employee will take the issue to the next level and file a claim.
A workplace with a positive and open environment is less likely to have problems such as harassment, unequal treatment, and retaliation. This requires an ongoing effort. Support cooperation and communication—foster teamwork by having people work with various people within and across departments. Support employee advancement. Provide opportunities for growth with cross-training, online learning, and mentoring opportunities. Have flexible policies. Try to work with employees' schedules and respect their work-life balance. Listen to feedback. Give employees several options for giving feedback, such as meetings, suggestion boxes, and online apps or forums. They should always have ways to leave feedback anonymously.
A retaliation case is never good for a business. You can reduce the chances of this happening by keeping up with the latest laws and ensuring your workplace is compliant. Maintaining open communication and a supportive company culture also helps avoid such incidents.