Prevent Claims! Tip
Educate Employees Not to Retaliate
Boomerang shaped rock breakFebruary 13, 2008
Greetings!

Employees' discrimination complaints can boomerang into retaliation claims.

Many discrimination and harassment cases include retaliation charges.  Here, the employee asserts she or he has experienced material adversity at work as a result of filing a complaint, participating in an investigation, or opposing some form of discrimination.  Retaliation claims are separate and independent charges, illegal under the Civil Rights laws, that expose employers to separate damages. 

Read on to learn what is and is not retaliation and how to avoid such claims all together.
Severe work adversity amounts to illegal retaliation.

For instance, an employee who gets demoted, loses a promotion, pay or benefits after filing a charge, will likely be able to show retaliation.  The work adversity here is sufficiently serious to deter any reasonable person from pursuing their rights. 
    
The law does not, however, protect employees from petty slights or annoyances such as being shunned or ridiculed.

Teach employees not to retaliate.  Punish those that don't obey.

When investigating a discrimination complaint, tell other employees that retaliating against the complainant is strictly forbidden.  Then monitor the workplace to make sure that doesn't happen.  Investigate any reports of retaliation promptly and thoroughly.  Punish anyone who engages in retaliatory behavior.
If you're handling a discrimination "bomb", be sure to keep it from blowing up.  Don't let retaliation occur.  That way you'll have only one charge, rather than two, to resolve. 

Please don't hesitate to call if you're currently fielding any discrimination or retaliation claims, and would like a hand.  Meanwhile, thank you for kindly for your support.
 
Cordially,

Beville

Prevent Claims, LLC
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