How to Avoid Retaliation Claims

03/05/07

Did you know that retaliation is the third-most common form of discrimination charge against private sector employers? Of the 75,428 charges filed with the Equal Employment Opportunity Commission (EEOC) last year, 22,278 or 29.5 percent were retaliation charges. That’s the highest percentage of retaliation filings since 1992. In addition, the U.S. Supreme Court recently handed down an employee-friendly ruling on retaliation, citing Title VII’s broad protection beyond actions specific to employment. The ruling reinforces the fact that retaliation claims are among the most difficult for employers to prevent. But equipped with the right information, you may be able to avoid retaliation or to correct it at an early stage.

One thorny problem: retaliation claims
At its most basic level, retaliation occurs when an employer penalizes an employee after the employee files a discrimination complaint. From the EEOC’s perspective, retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a “covered individual” because he or she engaged in a “protected activity.” Here is a closer look at those terms:

Covered individual — This is a person who has opposed unlawful practices, participated in proceedings, or requested an accommodation. The accommodation could be related to employment discrimination based on race, color, sex, religion, national origin, age or disability.

Protected activity — This can include opposition to a practice believed to be unlawful discrimination. Employees are within their rights if they threaten to file charges of discrimination, picket in opposition to discrimination, or refuse to obey orders believed to be discriminatory. Employees also are protected from retaliation for filing workers’ compensation claims, serving in the military, and taking medical leave.

Laws favor the employee
Retaliation is illegal under several of laws (Title VII of the Civil Rights Act, FMLA, ADA, FLSA, to cite a few). Retaliation can involve demotion, firing, pay reduction, transfer to less desirable work conditions, or otherwise excluding someone from an employment opportunity. Retaliation laws apply both during the hiring process and after an employee leaves your company. Even if an employee complains about something that has no merit, he/she still is protected from retaliation. This is why retaliation claims have become so popular.

Learn what smart employers do to beat these issues by planning to attend G.Neil’s August webinar titled "How to Avoid Retaliation Claims." The online discussion, part of the Online Personnel Management Training Series, will concentrate on numerous retaliation matters and teach you:

How to recognize when an employee’s activity is protected by law;

What activities may be deemed retaliatory;

How to effectively and legally manage an employee who has filed a complaint;

And the importance of documentation and consistent application of work rules and standards.

Remember: Employers are liable for their managers’ words, actions and mistakes. Make sure your managers are informed about the dangers of retaliating against employees, so innocent mistakes don’t land you in court. These and other issues will be discussed during the webinar, scheduled for (time and date). Register online today!