Retaliation means any adversative action that an employer takes against employee(s) because he/she has made a complaint about discrimination or harassment in the workplace. Those who are also protected are employees who take part investigations of these problems. For instance, an employer cannot punish or retaliate against an employee because he/she gave a statement to an agency that is investigating a discrimination claim.
Even if the original harassment or discrimination claim turns out to be speculative, if an employee can prove that something negative has happened due to the complaint, he/she can still win a retaliation claim.
Retaliation may include the following:
?Demolition
?Discipline
?Termination
?Salary reduction
?Negative evaluation
?Change in job assignment
?Change in shift assignment
?Hostile attitudes or behavior
Retaliation clearly includes any actions that an employer takes with the intention of punishing or harming an employee for making a complaint. However, it may also include actions with the best of intentions if it has a negative effect on the employee.
For example, a male employee complains that his supervisor is harassing him. In response, the employer changes him from the night shift to the day shift so that he does not have to work with his supervisor anymore. Even if the employer does not intend to hurt the employee, this action may be retaliatory if the employee prefers the night shift.
Here is another example. An African-American employee makes a complaint that the store where she works is racially hostile or unfriendly towards her because her co-workers call her racially derogatory names and tells racial jokes. The employer then transfers the employee to another store in response. This may be retaliatory if the new store is much farther from where the employee lives or the position is less desirable in some way.
In both of the examples stated above, the employer has made a mistake by concentrating on the employee instead of concentrating on the offender. The duty of an employer when someone makes a complaint about something illegal in the workplace is to solve the problem and not avoid it by removing the employee from the situation. By concentrating on the complaining employee, the employer took actions that may be considered as retaliatory.
Tips in Preventing Retaliation
The moment someone makes a complaint about unlawful acts in the workplace such as harassment or discrimination, the basis is laid for a retaliation claim, unless certain steps are taken. If you are an employer, here are some tips to prevent retaliation:
?Create a policy against retaliation
?Talk to the complaining employee regarding his/her problem in the workplace
?Keep any complaints you receive classified
?Document every action you make in preventing retaliation
San Bernardino County Employment Lawyers
All employers, supervisors, managers, and human resources representatives in San Bernardino must become aware with the law of retaliation to prevent this from happening in your workplace. Consulting with experienced employment lawyers in your area may help you more in understanding the issue.
