Employees have a right to work in an environment that’s free of harassment and hostile conditions. They should feel empowered to speak up if they notice anything amiss, including discrimination, harassment, sexual harassment or any illegal activities.
Some employees who want to speak up about those matters are afraid of what will happen to them because they speak out. Fortunately, those employees have protections against employer retaliation.
Some retaliation can be covert
Many forms of retaliation are very obvious. These include things like termination, pay cuts, demotions, shift changes or other negative employment actions. Others, such as failing to tell employees about events or meetings, aren’t as obvious.
The key to determining if a negative employment action is retaliation is the root cause behind the action. If the employer’s action was in direct response to an employee speaking out about harassment, illegal activity, discrimination or any other protected action, it’s considered retaliation.
Disciplinary action is still possible
Even if an employee spoke up about a protected activity, they can still be the subject of disciplinary action if they violate an established company policy. The disciplinary action must be the same as what any other employee would face if they did the same thing.
The line between what’s considered retaliation and what’s not seems sharp, but it’s possible that it can be blurred some. Because of this, it’s beneficial for employees who believe they were the subject of retaliation to work with someone familiar with these matters who can help them determine their course of action.