Protection Against Retaliation: Employer Responsibilities and Legal Compliance

The workplace can be a complex environment, with several aspects to managing the various personalities within your business.

One of the most critical of these involves mitigating the risk of retaliation, which occurs when a business or manager takes adverse action against a worker for participating in legally protected actions, such as filing a report about discrimination.

Below, you’ll learn the basics of retaliation, including your responsibilities as an employer and knowing when it’s time to consult with a workplace retaliation lawyer.

What Counts as Retaliation?

As mentioned, retaliation happens when a business punishes a staff member for engaging in activities protected by law. These activities may include, but are not limited to, the following:

• Filing a discrimination complaint
• Participating in a lawsuit or discrimination investigation
• Reporting workplace safety violations
• Requesting reasonable accommodation for a disability
• Taking family or medical leave under the FMLA or CFRA

Adverse reactions can range from pay cuts and demotion to termination. However, it’s important to note that some acts of retaliation can be more subtle, appearing as increased scrutiny from managers or unwarranted negative evaluations, for instance.

What Are Your Responsibilities to Prevent Retaliation

You must integrate an anti-retaliation posture into your company culture. If workers and mid-level managers both believe that retaliation will be tolerated, it may be more likely to occur.

With that in mind, here are some ways to prevent adverse treatment of employees who engage in legally protected activities:

Create Clear Policies

Having clearly written policies against retaliation is an excellent first step to protecting your employees and your business. Your policies should do the following:

• Define what counts as retaliation
• Provide examples of prohibited behaviorOutline the steps employees can take to report retaliation
• Detail the process for investigating claims

Ensure that these policies are included in your employee handbook. Additionally, new hires should be introduced to these rules and have them sign off on them during onboarding.

Provide Training for Managers and Employees

Education will go a long way in helping prevent retaliation. Conduct regular training sessions for both managers and employees to accomplish the following:

• Explain what retaliation is and why it’s illegal
• Discuss the company’s anti-retaliation policy
• Train managers on how to handle complaints and investigations without retaliating
• Educate employees on how to report retaliation and their rights under the law

Use these systems and policies to insulate yourself from the prohibited actions of rogue employees. If someone retaliates against one of your protected workers, you can demonstrate that they did so in a manner that contradicts your company rules.

Encourage Open Communication

Foster an environment wherein workers feel comfortable voicing their concerns without fear of reprisals. Create an open-door policy so that employees can go above their direct supervisor to report serious issues.

Additionally, consider implementing channels for employees to report concerns anonymously. For instance, a hotline or anonymous reporting system may encourage enhanced transparency.

Conduct Prompt and Fair Investigations

Take every complaint you receive seriously. It’s crucial to conduct a thorough and impartial investigation. Promptly respond to the complainant and let them know you are looking into the matter they brought to your attention.

Keep the investigation as confidential as possible. You want to keep the workplace rumor mill from gaining steam, especially if the complaints are illegitimate. And if you discover that retaliation occurred, take swift action. You must demonstrate that your company will not tolerate the mistreatment of protected employees.

Document Everything

Documentation is key to defending yourself against retaliation claims. Keep detailed records of any complaints you receive, what you did to address them, and the outcome of your investigations.

You should also keep detailed records about the employees who alleged they were victims of retaliation. These documents can help exonerate your business from any wrongdoing. For example, suppose that a person claims they received a bad performance review because they complained about their supervisor. If they have a history of underperforming and their past reviews are consistent with the latest evaluation, you can exonerate the supervisor of any wrongdoing.

Legal Compliance and Protection Against Retaliation

Federal law provides extensive protection against retaliation. Many states have enacted additional measures to protect whistleblowers and select classes of workers from unfair treatment. Therefore, you need to familiarize yourself and your human resources team with these rules so that you can tailor your policies accordingly.

Understanding the Basics

Several of the key laws and entities that protect employees from retaliation include the following:

• Title VII of the Civil Rights Act
• Americans with Disabilities Act
• Family and Medical Leave Act
• Occupational Safety and Health Administration (OSHA)

Each of these acts, along with OSHA, addresses specific activities and classes of workers. You must craft comprehensive policies that cover all of these provisions.

Consulting a Workplace Retaliation Lawyer

A workplace retaliation lawyer can help you understand your legal obligations and rights. They can also develop and implement anti-retaliation policies and training programs that prevent many forms of liability before an incident occurs.

If necessary, a skilled workplace retaliation lawyer can also defend your company and its reputation against retaliation claims. Having a knowledgeable attorney on your side can promote better compliance and protect your business from legal repercussions.

Consequences of Retaliating Against Workers

Failing to prevent retaliation can have severe consequences for your business, including:

• Lawsuits and fines
• Reputational damage
• Decreased morale and productivity

Fines for confirmed incidents of retaliation can be particularly severe. However, by taking a proactive approach to preventing the mistreatment of protected employees, you can avoid these negative outcomes and create a better work environment for everyone.

Find a Workplace Retaliation Lawyer

Don’t hesitate to seek professional legal representation if you believe an incident of retaliation has occurred at your place of business. A workplace retaliation lawyer can help you assess the scope and severity of the incident, get to the bottom of what happened, and insulate the organization from undue liability.

Furthermore, a reputable workplace retaliation lawyer can review your current policies and training strategies to help you protect your business. Our lawyers can make personalized recommendations to mitigate your liability and reduce the risk of future claims.

Contact Pearlman, Brown & Wax, LLP today to discuss your situation with a skilled workplace retaliation lawyer.