Workplace Retaliation: Recognizing and Addressing Unlawful Employer Reprisals

By: Judith Ann and Nivedita Hiremath

Workplace retaliation is a serious concern that affects employees across various industries and sectors. It occurs when an employer takes adverse action against an employee in response to their protected activities, such as filing a complaint, reporting misconduct, or participating in a legal investigation. Recognizing and addressing unlawful employer reprisals is crucial for maintaining a healthy and productive work environment.

Understanding Workplace Retaliation

Workplace retaliation can manifest in various forms, including but not limited to:

1. Disciplinary actions: This may include unwarranted reprimands, demotions, suspensions, or terminations following an employee’s protected activity.
2. Exclusion and isolation: Employees who engage in protected activities may be subjected to social exclusion, isolation, or exclusion from important projects or meetings.
3. Unwarranted changes in job duties or location: An employer might make significant alterations to an employee’s job responsibilities or relocate them to a less desirable location as a form of retaliation.
4. Unjust performance evaluations: Employees may receive unfairly negative performance evaluations that do not accurately reflect their work.
5. Increased scrutiny: Employees may be subjected to highest level of scrutiny in anything and everything they do at a workplace and constantly be called in, to report their behaviour;  

Recognizing Protected Activities

Protected activities are actions that the law shields from retaliation. It is essential for both employers and employees to be able to recognize protected activities. These may include:

1. Filing complaints: This can involve complaints about harassment, discrimination, unsafe working conditions, or other unlawful practices.
2. Participating in investigations: Employees who participate in internal or external investigations, including those conducted by regulatory bodies or law enforcement agencies, are protected.
3. Exercising workplace rights: Actions such as requesting reasonable accommodations, taking family or medical leave, or asserting rights under labor laws are typically safeguarded.

Addressing Workplace Retaliation

1. Documentation: Keep records of all relevant communications, incidents, and actions. This includes emails, memos, performance evaluations, and any other pertinent documents.
2. Report the retaliation: If you believe you’re experiencing retaliation, promptly report it to the appropriate parties within your organization, following established reporting procedures.
3. Know your rights: Familiarize yourself with local labor laws, company policies, and protections afforded to employees engaging in protected activities.
4. Consult with HR or management: If you feel comfortable doing so, discuss your concerns with Human Resources or a trusted manager. They can offer guidance and help address the issue.
5. Seek legal advice: If internal channels fail to resolve the issue, consider consulting an employment attorney who specializes in workplace retaliation cases.

Preventing Workplace Retaliation

Employers can take proactive steps to prevent workplace retaliation, such as:

1. Establishing clear policies: Have well-defined policies against retaliation, and ensure all employees are aware of them.
2. Training and education: Provide regular training on anti-retaliation policies and reinforce a culture that discourages any form of reprisal.
3. Promptly investigate complaints: Investigate any complaints of retaliation promptly and impartially.
4. Maintain open communication: Encourage open lines of communication so employees feel comfortable reporting any concerns.

Workplace retaliation is a serious violation of employee rights and can have detrimental effects on both individuals and organizations. Recognizing and addressing unlawful employer reprisals is essential for creating a healthy, inclusive, and productive work environment. By fostering a culture of transparency, accountability, and respect, employers can promote a workplace free from retaliation. Employees, in turn, must be aware of their rights and take appropriate action if they believe they are experiencing reprisals. Together, these efforts can help build a safer and more productive work environment for all.

For questions regarding what constitutes workplace retaliation or assistance filing a workplace retaliation lawsuit, please contact the trusted Chugh, LLP attorneys.

 

References 

https://mppjustice.com/2023/04/05/10-signs-of-retaliation-in-the-workplace-and-how-to-prove-it/

https://www.eeoc.gov/facts-about-retaliation

https://www.linkedin.com/pulse/retaliation-workplace-unveiling-silent-threat-george-mba