Employees should be able to count on their employers to provide them with a safe work environment, but this doesn’t mean only physical safety counts. Employees also deserve a workplace that’s free from harassment, discrimination and retaliation.
As part of their protections, they have the right to file complaints, speak up about illegal activities and utilize all legally allowed benefits. For example, employees can file a complaint if they’re discriminated against, make a report about illegal practices or take Family and Medical Leave Act leave. Those aren’t all the protected activities that employees may engage in.
When does retaliation come into the picture?
Retaliation comes into the picture if an employee takes part in a protected activity and then faces a negative employment action as a result. A negative employment action doesn’t always mean termination. It can also include things like reducing pay or hours, transferring to a less desirable shift or location, failing to consider them for a promotion, demoting them or giving unwarranted negative employee reviews.
It’s also possible for retaliation to take less obvious forms. Things like failing to tell the employee about meetings or benefits, as well as making the working environment hostile, can also be retaliation.
Negative employment actions are only retaliation if they occur in response to the protected activity the employee participated in. Employees can still face disciplinary measures if they break company policies. The key is that those disciplinary measures must be exactly the same as anyone else would receive for the same infraction, which should be clearly documented in writing.
Any employee who believes they’ve been subjected to retaliation should ensure they keep records of the incidents. They may opt to work with someone familiar with these matters so they can determine how to proceed with a claim.