How to Deal with Retaliation in the Workplace

It’s a sad fact that retaliation in the workplace is becoming increasingly common. In fact, the retaliation cases brought to the Equal Employment Opportunity Commission make up around 45% of all complaints.

Retaliation is an insidious form of discrimination, and it’s everywhere. You’ll find it happening in corporate giants and small-to-medium businesses nationwide. When managers viciously lash out at the employees who dare to speak up about discrimination in their places of work, they are acting unlawfully.

Even though the landmark Civil Rights Act of 1964 states that no worker should experience retaliation because it violates workers federally protected rights, retaliation is still rampant.

But workplace retaliation doesn’t only hurt workers; it also harms company culture and affects the bottom line.

So, how can you recognize it? And what can you do about it?

Acts of Retaliation

When an employer punishes or takes adverse action against an employee for engaging in a protected activity – such as filing a complaint against the employer or filing a workers compensation claim the employer is engaging in an unlawful act of retaliation.

Protected employee activities include filing a complaint about harassment or discrimination, helping someone else file a complaint, whistleblowing, or reporting a violation of any other regulation.

Retaliation in the workplace can take many forms. The most common type of retaliation involves job-related action, such as demotion, termination, or job reassignment without a valid reason.

It is also retaliation if an employee is deliberately passed over during promotions because they complained or engaged in another protected activity. Some employers may also interfere with the employees ability to find other employment by providing false and adverse references.

Harassment is another common type of retaliation. Some employers will retaliate against employees by assigning them duties below their capacity and skill level or denying their requests for the supplies or support needed to do their job effectively. Another act that could be retaliation is placing the employee who filed a complaint under undue scrutiny or disciplining them for minor offenses.

Handling Retaliation in the Workplace

If you suspect that you are a victim of retaliation in the workplace, you need to take action right away.

First, approach whoever is carrying out the retaliatory actions. By approaching the issue head-on, you can determine whether what is happening is due to a miscommunication or workplace conflict, or if it is indeed retaliation.

The second step is to utilize the internal protocols and procedures of the organization. Most companies have strict rules against all forms of discrimination in the workplace. Approach your supervisor or HR manager and file an internal complaint. You’ll usually find the organizations complaint process guide in your employee handbook.

If the above measures do nothing to stop the retaliation, you should contact the EEOC. You can begin the discrimination charge process on the organizations website. You should also consider asserting your legal rights by hiring a qualified employment lawyer to guide you through the legal process and represent you in court.

Employees have the right to a safe workplace, free from discrimination, sexual harassment, and retaliation. No worker should have to suffer discrimination in silence. If you’re a victim, contact an employment attorney to help you determine what actions to take next.

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