When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.
When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.
It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.
An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.
Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.
The Trump administration’s Department of Labor is aggressively going after employers that fire workers who report alleged workplace safety violations. It’s one reason to seek expert legal advice before disciplining any potential whistleblower—even for behavior or poor work performance that seems unrelated to any safety report.
If you are certain you can justify your action, don’t be afraid to discipline a worker who has filed a discrimination charge or otherwise opposed alleged discriminatory actions. Generally, courts give employers leeway to discipline as long as they believe they acted in good faith.
Retaliation can be anything that would dissuade a reasonable employee from complaining about discrimination in the first place. It doesn’t have to be an isolated act.