Retaliation in the Workplace

Workplace retaliation can be defined as any negative step or measure that is taken by the employer, against an employee of the organization, for participating in an activity that is legally protected. Various laws have been formulated by the government to protect the employees against any kind of discrimination or harassment in the workplace. The same laws also protect the employees against retaliation. According to the law, an employer does not have the right to punish any of his employees for undertaking harassment or discrimination complaints. Also, an employer cannot stop an employee from being a part of workplace investigations. Below are the laws that protect the employees against workplace retaliation, followed by the steps that should be taken by the employees and employers pertaining to this.

Laws

The federal law protects all the employees against workplace retaliation when the employees complain against their employers or organization to the EEOC, i.e Equal Employment Opportunity Commission. The law protects the employees who participate in the EEOC investigations or those who come forward as witnesses in the investigations as well. Besides the federal law, there are certain state laws too which forbid the employers from engaging in retaliation. Some of the examples are reduction in the salary, change in job profile, denial of training opportunities, demotion or even firing.

Steps to be taken by the Employees

If an employee suspects retaliation, the first thing that he should do is communicate about it to the human resources personnel or his senior in the organization. If they fail to solve the issue or do not even admit that such a thing has happened in the organization, then the employee should get in touch with the EEOC or his state's employment agency which deals with such issues.

To build a case against the employer, an employee will need to show enough evidence to form a link between his own behavior and the resultant retaliatory action taken by the employer. The employee has to prove three things, i.e he is only engaged in a legally permissible activity, there was a retaliatory negative action taken against him and that there was a definite link between the two, i.e employee's activity and the employer's adverse action. To prove the link, the employee should have evidence on the timing of the legally permissible conduct and the negative action, the lack of interest shown by the employer in the employee's complaint against workplace retaliation and unequal treatment meted out to the employees who complained. Having tangible evidence on all these factors such as emails or colleagues who agree to become witnesses, helps in building a strong case for the employee.

Steps to be taken by Employers

It is imperative that the employers fully understand the rights of employees. The employers should let the employees exercise all their rights without causing any kind of problem or creating a fear of retaliation. If for some reason, the employees are engaging in activities which are bothering the employer, the employer should not respond or take action against the employees immediately. Instead, he should contact a lawyer first and then decide upon his course of action.

Retaliation is actually an abuse of power by the senior people in an organization. And like any abuse it should be put to an end immediately, both for the organization's as well as the employee's long-term benefit.