Employers are required to ensure that they comply with all applicable state and federal laws. These cover nearly every aspect of the business, including matters related to the employees.
One of the laws that applies to every company is one that forbids employers, including their agents, from retaliating against employees who engage in protected activities. These include things like taking Family and Medical Leave Act leave, filing for workers’ compensation, reporting discrimination or speaking up about harassment.
What is retaliation?
Retaliation means that the employer or their agent, such as a supervisor or administrator, takes negative employment action against an employee because of their participation in a protected activity. This can include a variety of actions, including termination, reduction in pay, change in work hours or being bypassed for a promotion they qualify for.
How can employers eliminate retaliation?
Employers should ensure they have a clear anti-retaliation policy for their company. This should be done in writing so there isn’t any doubt about what it says. The wording should make it clear that all forms of retaliation, regardless of how seemingly minor, are strictly forbidden.
It isn’t enough to just put the policy in writing. All supervisory staff members should go through training on what it means to retaliate against an employee. This can help to prevent missteps and may help them to handle situations with the best interests of the company in mind.
It may also be beneficial to discuss retaliation with employees so they know what’s forbidden and can speak up if it occurs. It’s important for employers to get a hold on retaliation and find effective ways to prevent it. Workers who are retaliated against for engaging in a protected status may opt to pursue legal action, which would mean the employer would need to present a suitable defense.