Workplace Articles By BCC
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Preventing and Resolving Retaliation Complaints
Many managers and HR professionals have expressed concerns about how to manage employees once a retaliation complaint has been filed. Some fear every employment decision taken by the employer will be viewed as another form of retaliation. In the aftermath of receiving a complaint and conducting an investigation it is crucial to ensure fair and objective criteria are used.
Following effective guidelines can go a long way to ensuring employees perceive they are being treated fairly.
GENERAL GUIDELINES FOR MANAGERS
- Be familiar with your policies and procedures as well as the legal definitions of harassment and retaliation.
- If you observe possible harassment or retaliation, take action to stop it before you receive a complaint.
- If you receive a complaint, take it seriously.
- Familiarize all employees with company policies and procedures. Clearly define harassment and retaliation and state that these behaviors will not be tolerated.
- Take appropriate corrective action if it is found that harassment and/or retaliation occurred. Ensure that the actions taken are consistent within the organization.
- Ensure that any reprisals taken against the complainant will not be tolerated.
- Ensure the organization has well-qualified investigators.
Summary
There has been a wide range of reactions to the retaliation court cases particularly from legal experts. Some fear a spike in claims by disgruntled employees while others state that employees still need to produce strong evidence of retaliation. Some plaintiffs’ attorneys are not highly motivated to represent cases on a contingency basis where there has not been any monetary loss.
Preventing and effectively resolving retaliation claims are critical elements in reducing the incidents of retaliation. Guidelines have been provided by the EEOC (see www.eeoc.gov) and other enforcement agencies since 1980. The vast majority of employers have policies and procedures in place. The enforcement of these policies and procedures is essential.
Numerous studies conducted over the past twenty years consistently indicate the vast majority of employees do not complain about prohibited harassment or retaliation. Studies have also shown that of those who do come forward with a complaint, approximately 50% report they experience some form of retaliation. All employers must renew their commitment to providing a safe, respectful environment for everyone.
Copyright 2007