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Workplace Retaliation is Potentially Costly Issue for Employers
No CommentsWorkplace retaliation is a serious and potentially costly issue for all employers. If an employee is fired, demoted or subjected to negative treatment after engaging in protected activity, that employee could sue and be awarded a substantial sum of money — and retaliation lawsuits are on the rise.
Examples of protected activity include filing a complaint about unsafe working conditions with the Occupational Safety and Health Administration, reporting incidents of fraud and financial mismanagement, and reporting sexual harassment on the job. Retaliation is also not allowed when an employee uses protected leave such as Family and Medical Leave, or reports for jury duty, in most instances.
I’ve been reading a lot about retaliation this week. It’s a complex issue, but these articles and blog posts should help shed some light on it.
Why Retaliation Claims Should Keep you Up at Night. Workforce: “Retaliation are the most dangerous claims that employers face…When an employee engages in protected activity, you must treat that employee with added care, as any act that could dissuade an employee from engaging in protected activity could give rise to a retaliation claim.”
EEOC Sues DHD Ventures and Affiliated Companies for Racial Harassment and Retaliation. JD Supra: “‘Companies must take prompt action to stop harassment in response to complaints of racial slurs being used in the workplace,’ said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. ‘Firing the complaining employee because of his or her complaint is never the correct response and is a violation of federal law.’”
Paterson Employee Gets $97,000 Settlement in Retaliation Lawsuit. NorthJersey.com: “The City Council on Tuesday night approved the $97,000 settlement of a Superior Court lawsuit filed by Joan Chisolm, the clerical worker who filed a lawsuit in 2013 alleging that then-community development director Lanisha Makle tried to fire her as retaliation for Chisolm’s testimony in Paterson’s 2011 overtime hearings. In 2011, Chisolm had testified during the city council’s inquiry that she was reassigned from payroll duties after she asked her boss, Makle, to substantiate her overtime hours stemming from the historic floods that hit Paterson that year.”
Expert Urges Well-Written Anti-Retaliation Policies. The Oklahoman: “First and foremost, employers should have in place a well-written anti-retaliation policy. Employers also must ensure all employees are aware of both their rights and responsibilities under the policy. Employers should stress to decision makers that any employment actions taken following an employee’s “protected activity” be for legitimate, non-retaliatory reasons.”
An Eye for an Eye: Dealing with Workplace Retaliation. Paycor: “Simply put, anytime an organization terminates, demotes, harasses or otherwise retaliates against an individual for filing a charge with a regulatory agency, participating in an internal or external investigation into the charge, or otherwise opposing discrimination in the workplace, the employer may have violated the EEOC guidelines. The reason this claim is so common is that it is often added to other EEOC charges of all types, such as race, religion, national origin, etc. Therefore, when an employee goes to the EEOC to file a charge, they often include retaliation as part of the discrimination claim.”
Need help crafting your company’s non-retaliation policy or communicating it to your managers? Contact us for assistance.
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