The Equal Employment Opportunity Commission (EEOC) saw 76,000+ discrimination charges filed in the year 2018, with a majority of them stating that more than one-half of the cases were retaliation cases against the employer.
Any retaliatory action that is taken by an employer against the employees after they have filed a harassment or discrimination complaint is called a workplace retaliation.
Some of the common types of workplace retaliation employees should keep an eye out for include:
If an employee suspects that an employer is retaliating against them, they should first talk with the supervisor or an HR professional about the reasons and effects. If the employer can’t provide a legitimate explanation, it is essential to raise the concern about being retaliated. As the employer is most likely to deny the retaliation, the employee should point out that the adverse action occurred after filing a complaint against it.
If the employer isn’t willing to admit the retaliation wrongdoing, the employee needs to contact the EEOC or the employment lawyer to file a case against the employer. The retaliation complaint can be filed with the state human rights body, employment rights body EEOC or relations agencies. The employee can also take the employer to court.
An employee needs to verify three things on filing a workplace retaliation complaint or lawsuit:
Retaliation isn’t always illegal; it is illegal when the previous action of the retaliation is protected by law. This, however, can vary from country to country. It’s always illegal to retaliate against an employee for actions like sexual harassment, discrimination, and rigorous workplace activities. If an employee issues an unfounded complaint, the retaliation can be deemed legal, and it can be illegal. The critical issue, however, is that the employee should have a sincere belief about what they are reporting is illegal. Otherwise, proper retaliation is allowed.
Only by making a policy of “no retaliation” won’t work, it is essential to consider every situation carefully and look into the merits and demerits. Organizations should train the managers not to retaliate, and to report any complaints to HR. This will help the organization to ensure that no retaliatory decisions occur and the office can investigate all the potential allegations.
If an employee sues an organization and the office win on the facts, the organization can still lose on a reported retaliation case if the office treats the complainant poorly. As such, it is essential to evaluate the actions before and even consider discussing the right course path of action with an employment law attorney.
The post What are the signs of retaliation in the workplace? appeared first on The HR Digest.
Source: New feed