Retaliation continues to be one of the most frequently filed charges with the Equal Employment Opportunity Commission (EEOC), and one of the most preventable. Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting discrimination, participating in an investigation, or requesting a workplace accommodation. Even subtle changes like a shift in schedule or tone of communication can be seen as retaliatory if they follow a complaint or protected action.
To help prevent retaliation claims, HR and managers should create a culture of open communication and take all concerns seriously. When an employee raises a complaint, whether formal or informal, it’s important to respond professionally and avoid reacting with frustration or defensiveness. Managers should be reminded not to change job duties, work schedules, or performance expectations for employees who have raised concerns, unless those changes are clearly documented and unrelated to the complaint.
Best practices include documenting all employment actions, training managers regularly on anti-retaliation policies, and involving HR early when workplace complaints arise. It’s also wise to monitor the employee’s work environment following a complaint to ensure they aren’t being treated differently. When in doubt, consult legal or partner with the HR professionals at aHRrow to avoid missteps. Preventing retaliation not only protects your organization from legal risk, it also builds trust and fairness in the workplace.