There are many types of retaliation, all of which should be understood by both employees and employers. For example, a common form of retaliation involves a worker who complains that he or she was discriminated against and later punished in some way for this action.
Employers should fully understand all laws related to retaliation, including the Americans with Disabilities Act, Family and Medical Leave Act, and Title VII of the Civil Rights Act of 1964 among others.
Employees, on the other hand, should know the ins and outs of all these laws, as they were created to protect them. For example, the Sarbanes-Oxley Act is in place to help a person pursue a retaliation claim. With this, there are whistleblower provisions that protect the employee.
There are many challenges, both for employers and employees, with regard to retaliation claims. For example, just because something appears to be retaliation does not mean this is actually the case. There are times when a conversation between an employee and the human resources department can sort things out before the problem escalates. Conversely, there are situations that are well beyond repair, such as when a person is illegally terminated from a position.
Most companies never run into trouble related to retaliation, but this does happen on a regular basis. If a person feels he or she has been retaliated against, it is essential that they understand their rights. The employer will do whatever it can to deny the situation. The employee, however, should take the steps necessary to prove that he or she was a victim of retaliation.
Source: HRhero.com, “Retaliation in the Workplace,” accessed June. 01, 2015
