Retaliation claims by employees are low hanging fruit, but the frequency of claims can easily be reduced by the employer, if the employer (ideally a trusted and neutral HR Department) do the following:
1.Have a written policy. As the backbone for your anti-retaliation program, initiate a clear policy prohibiting retaliation.
2.Provide training. Just having the policy isn’t enough. Provide training to supervisors and managers about what retaliation consists of and how to avoid it. (Basically, retaliation is any action that would dissuade a reasonable worker from engaging in protected activity).
3.Don’t fire employees when you’re fired up. Managers and supervisors need to understand that anger should not dictate employment decisions. Managers should do whatever it takes to cool down and stay cool. Part of their job is to act responsibly and professionally, even in the face of false accusations.
4.Clarify protocols for supervisors. Provide training and refreshers so supervisors know how to react when they receive a complaint from an employee. A supervisor typically is the first person to receive harassment complaints from employees and his or her response is critical in resolving and defending workplace discrimination claims.
5.Apply policies and practices consistently. Selective enforcement of policies can support a claim of discrimination and retaliation, especially if enforcement is stepped up right after an employee files a complaint. If an employer departs from its usual policy or practice, the legitimate, nondiscriminatory reasons for the exception should be documented.
6.Publish your complaint reporting procedures. Post them conspicuously and encourage employees to report any retaliation claims using the same complaint procedure.
Why choose California Labor Solutions?
California Labor Solutions (CLS) is one of the only HR firms licensed* to conduct workplace investigations in California. We serve private businesses and public-sector organizations throughout the state. We have conducted hundreds of neutral, objective, and unbiased workplace investigations for employee complaints relating to allegations of discrimination, harassment, retaliation, and various types of employee misconduct with the utmost quality, detail, and efficiency.
*California Private Investigator License Number 26311.
Disclaimer:
Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and/or are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is, therefore, subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.