Employers have a duty to ensure employees have a safe workplace, but that’s not limited only to physical safety. Those employees also have the right to not have to deal with things like harassment or discrimination. They also have the right to be able to participate in other legally protected activities, such as taking leave under the Family and Medical Leave Act.
Employees who file complaints about matters at work and those who engage in any other protected activity shouldn’t have to be concerned about their employer retaliating against them. It’s up to the employer to set specific standards and protocols to prevent retaliation from occurring.
What is retaliation by an employer?
Retaliation is any negative employment action that’s taken in response to an employee’s engagement in a protected activity. The negative employment action at the center of retaliation can be something obvious, like termination, or covert, like failing to include the employee in meetings.
What steps can employers take to prevent retaliation?
One of the most important steps employers can take is setting clear policies against retaliation. This should include set protocols for taking complaints. People in supervisory positions should know exactly how to handle these situations, including how the investigation into complaints will be handled.
Employers should also set clear standards that require consistent treatment, including disciplinary measures for violations of company policies. This is important if an employee who participated in a protected activity breaks company rules and needs to be disciplined. Showing that these situations are handled the same for all employees can help debunk claims of retaliation.
Because retaliation claims are serious, employers may opt to have someone on their side who can assist with setting policies and addressing complaints. Ultimately, the goal is to protect the business by ensuring legal compliance with all laws.