Workplace Retaliation: Reduce the Chances of a Claim

In order to prevent illegal retaliation from occurring in your workplace, you have to understand some basic definitions:

  • Retaliation occurs when an employer takes an adverse action against a covered individual because he or she engaged in a protected activity.
  • An adverse action is taken to keep someone from opposing a discriminatory or harassing practice or participating in an employment discrimination proceeding. Examples of adverse actions include terminating an employee, denying a promotion and giving an unjustified negative performance evaluation.
  • For purposes of federal employment laws administered by the EEOC, covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability.  Individuals who have a close association with someone who has engaged in protected activity are also covered.  For example, it is illegal to terminate an employee because his employee-spouse participated in employment discrimination litigation.  Note: In addition to the employment laws administered by the EEOC, retaliation can occur against individuals who may be protected by other federal, state, or local laws.  This includes the federal Family Medical Leave Act and whistleblower laws that bring attention to ethical, financial, or other concerns
  • Protected activity includes opposing a practice believed to be unlawful discrimination.  For example, an employee complaining about treatment he or she believes is discriminatory — directed at the employee or a co-worker.  Protected activity also includes participation in an employment discrimination proceeding or requesting a reasonable accommodation based on religion or disability.

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Workplace Retaliation: Reduce the Chances of a Claim

In order to prevent illegal retaliation from occurring in your workplace, you Push Pinshave to understand some basic definitions.

  • Retaliation occurs when an employer takes an adverse action against a covered individual because he or she engaged in a protected activity.
  • An adverse action is taken to keep someone from opposing a discriminatory or harassing practice or participating in an employment discrimination proceeding. Examples of adverse actions include terminating an employee, denying a promotion and giving an unjustified negative performance evaluation.
  • For purposes of federal employment laws administered by the EEOC, covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in protected activity are also covered. For example, it is illegal to terminate an employee because his spouse (who is also an employee) participated in employment discrimination litigation.
  • Note: In addition to the employment laws administered by the EEOC, retaliation can occur against individuals who may be protected by other federal, state, or local laws. This includes the federal Family Medical Leave Act and whistleblower laws that bring attention to ethical, financial, or other concerns.
  • Protected activity includes opposing a practice believed to be unlawful discrimination. For example, an employee complaining about treatment he or she believes is discriminatory — directed at the employee or a co-worker. Protected activity also includes participating in an employment discrimination proceeding or requesting a reasonable accommodation based on religion or disability.

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Resolve Employee Complaints Through Investigation

control-427510_1280Employee complaints that allege mistreatment at work have to be taken seriously. Even if you doubt the legitimacy of a complaint, you’ll put your company in peril if you fail to delve into what really happened. However, a poorly executed investigation could do more harm than good and potentially sink you in legal hot water.

Under federal law, you’re required to investigate any complaints involving harassment, discrimination, retaliation or safety issues. But even when a complaint seems small enough that employees should be able to work it out themselves – such as loud music blaring from a cubicle – don’t ignore it. The matter may not rise to the level of bringing in upper management, but employees need to know you take their concerns seriously. Continue reading