Taking Action Against Retaliation in the Workplace

Unfortunately, retaliation in the workplace is a common problem. Luckily, it’s preventable if you take steps to make active changes in your organization.

Everyone in your organization should be aware of their employee rights, how to respond to complaints, and retaliation complaint procedures. Taking action against retaliation in the workplace can help prevent future issues and even possible lawsuits.

What Is Retaliation in the Workplace?

Retaliation is when an employer takes an adverse action against an employee in response to a protected right. Protected activities include but aren’t limited to: 

• Pursuing a legal right such as overtime pay
• Requesting accommodation
• Refusing to comply with discriminatory practices
• Reporting wrongdoing, including harassment
• Resisting sexual advances or intervening for the protection of others
• Discussing working conditions with coworkers

Retaliatory actions could be seen as punishment or prevention from the employee pursuing their workplace rights. Examples of retaliation include:

• Wrongful termination
• Demotion or withholding a promotion
• Discipline
• Poor performance reviews
• Abuse, harassment, or a hostile environment
• Unfavorable changes
• Punishment leading the employee to quit

Retaliation does not have to occur immediately. It can occur even years later. As long as the adverse action was in response to a protected right, it is considered retaliation. 

If there is a lawsuit, the employer will be able to explain a lawful reason for the alleged retaliation. However, the employee will also be able to argue why the true motivation was retaliation.

Consequences of Retaliation

Retaliation has various legal consequences. Lawsuits and other formal charges can lead to negative effects, including decreased morale, retention, and productivity.

Employees can report retaliation against themselves and others to regulatory agencies. These agencies may even sue on the employee’s behalf if there is evidence. They can also add their claim to any ongoing government investigation or lawsuit about the employer.

Due to the legal protections for whistleblowers, employees have the right to sue, too. In these cases, the company may be required to pay:

• Double back wages
• Damages for emotional or other distress 
• Punitive damages
• Cost of lost benefits
• Attorney fees
• Cost of reinstating the employee, training, and other remedies

How To Prevent Retaliation in the Workplace

Taking action against retaliation in the workplace can help avoid these negative consequences for the employee and organization. Work with your leadership team to create a workplace retaliation prevention plan and have another plan to address any related issues that could arise. 

Provide Training for All Employees

Company-wide training can be a major step in preventing retaliation. This type of training can ensure employees know their rights and feel comfortable pursuing them. Companies can create a safe and inclusive culture by prioritizing retaliation prevention and rights protection.

Provide Supervisor Training

Supervisors and managers need additional intensive training regarding retaliation. This can help them recognize and prevent retaliation before it happens. 

Managers should be trained in protective measures to avoid possible lawsuits. They should also understand how to respond to complaints legally and appropriately. 

Encourage Communication

Creating a culture of open communication without the fear of retaliation can prevent legal issues while improving the workplace overall. Discussing and inviting complaints usually improves relationships between employees and employers.

To do this, make sure employees know they can talk to HR, supervisors, or the leadership team if their rights are not being protected. There should be additional reporting channels in case a complaint is being made against one of these people. 

Know How To Respond to Accommodation Requests

Managers should know how to respond appropriately when employees make accommodation requests. While you don’t need to approve every request, you do need to make reasonable accommodations when possible.

Common requests your managers should know how to handle include:

• Time off for a religious reason
• Private space for breastfeeding
• Use of an assistive device due to a disability

Create a Written Policy

Creating a written policy prohibiting retaliation and discrimination can significantly reduce retaliation and its effects. The policy should outline steps for addressing retaliation incidents. Make sure to include this policy in your employee handbook and any other employment policy documents.

Sharing this policy with your team ensures transparency. You can even track training and ensure everyone gets a copy via HR software.

The EEOC and OSHA can be great resources for building your policies and understanding whistleblower protection laws.

Build an Anti-Retaliation Culture in the Workplace

Taking action against retaliation in the workplace can create a safer, more open environment while saving your organization from legal headaches and costs. Make sure you understand employee rights in retaliation cases and steps you can take to protect those rights. Even small changes can make a big difference. 

If you are involved in a retaliation incident, you must understand your rights. Contact a whistleblower retaliation lawyer at Kent Pincin a call at 301-376-0922 to get the legal advice you need.