Retaliation in the workplace refers to adverse actions that an employer takes against an employee in response to that worker’s exercise of legally protected activities. Protected activity includes participation in a government investigation or taking legally-protected leave.
Retaliation can take many forms, including demotion, termination, pay reduction or other negative changes to the employee’s job conditions. This kind of conduct is illegal and detrimental to workplace morale and productivity.
Understanding retaliation
Examples of adverse action taken in response to legally-protected activity on the part of a worker include:
- Firing or laying off
- Denying benefits or promotions
- Reducing pay or hours
- Reassigning to a less desirable position
- Harassment or intimidation
To qualify as retaliation, there must be a direct link between the employee’s protected activity and the adverse action. Employers must be aware that even subtle changes can be perceived as retaliatory if they negatively impact an employee’s work environment or career progression.
Avoiding retaliation: Tips for employers
Employers must develop a clear anti-retaliation policy. It should define retaliation, the rights of the employees and their company’s procedure for reporting retaliating. This should be relayed to employees in writing and through formal training.
Open communication must be encouraged in the business. This should include the ability to file anonymous reports about potential retaliation. Employees should feel empowered to discuss these situations with supervisors.
Managers and supervisors should be trained about what constitutes retaliation and how to handle these complaints. Through investigations must be conducted, and punitive actions must not be taken for the reporting of legitimate concerns.
Detailed records of all employment decisions and the reasons behind them must be kept. This documentation can serve as evidence that any adverse actions taken are based on legitimate business reasons unrelated to an employee’s protected activity.
Once a claim of retaliation is made, a company must proactively take steps to protect itself. Having a legal representative to review the situation can be beneficial. It’s also a good idea for businesses that are not yet under scrutiny to review their current policies to determine if any need to be changed.