Retaliation
Decoding Retaliation: A Quick Guide
Understanding Retaliation
Defining Retaliation : Retaliation is when an employer punishes an employee for asserting rights or exposing wrongdoing in the organization.
Instances of Retaliation
Diverse Faces of Retaliation : Retaliation forms include increased scrutiny, unjust performance reviews, attacks on reputation, abuse, threats, reporting immigration status, demotion, and termination.
Retribution vs. Retaliation
Intentions in Contrast : Retaliation is personal, while retribution seeks justice. Example: Firing an employee for reporting harassment is retaliation; terminating a harassing manager is retribution.
Legal Dimensions
Retaliation and the Law : Illegal when linked to protected actions under EEOC laws.
Protected Employee Actions
Safeguarded Actions : Employees are shielded when involved in actions like refusing discriminatory orders, reporting discrimination, resisting or intervening in harassment, participating in investigations, seeking accommodations, and inquiring about discriminatory wages.
Examples: Illegal vs. Legal Retaliation
Discerning Retaliation Instances : Illegal: Demoting Mary for complaining about pay disparity (Equal Pay Act). Legal: Lawfully terminating Judy for filing a false harassment complaint.
Retaliation and Termination
Navigating Termination for Retaliation Employers can legally fire for retaliation, depending on the complaint’s protected nature under EEOC laws.
Protection for Witnesses
Witness Protection from Retaliation Employers cannot penalize employees serving as witnesses in an EEOC complaint.
Penalties for Retaliation
Consequences for Wrongdoing If guilty, employers must offer restitution, including back pay, front pay, and compensatory damages.
Conclusion
Understanding retaliation ensures a fair workplace, navigating the line between lawful and unlawful actions.