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Retaliation

Retaliation

This word means Action taken in return for an offence and ‘Retaliation in the workplace’ occurs when an employer punishes the employee for engaging in legally protected activity. This can include any negative job actions like demotion, firing, salary reduction or job reassignment.
Most people know that laws exist to protect the employees from discrimination,etc. but these laws also protects the employees from retaliation. Employees cannot punish or take revenge for making discrimination or harassment complaint in the workplace. Sometimes, its clear that an employer’s action is negative, for instance, when an employee is fired but sometimes it’s not clear. So, as long as the employer’s adverse action would discourage a reasonable person in the situation from making a complaint, it constitutes ‘illegal retaliation’.
Sometimes, it difficult to judge whether the employer is retaliating against the employee. For example: if the employee complaints about his supervisor’s discriminating behaviour and the employer may change and start acting professionally towards his employees, then it isn’t a retaliation. Only changes that have an adverse effect on the employee’s work are retaliatory. And, not every retaliatory act is obvious or it necessarily means your job is at stake. It may come due to unexpected or unfair poor performance review.
If one suspects that the employer is retaliating against you, first talk to your supervisor or a human resource manager about the negative acts. It’s fair to ask specific questions related to this. The employer should have perfectly reasonable explanations, and if the employer isn’t willing to admit its wrongdoing or correct the problem, the employee can take his problem to ‘Equal Employment Opportunity Commission’ (EEOC). EEOC, is an outside body formed under federal laws to protect the employees from retaliation.
Employers are prohibited from punishing the employees for using or exercising the rights assured to them. It is possible for an employee’s harassment claim not have strong merit to hold up in front of EEOC or in the court, but if his employer took adverse action against him after he complained, he might have a lawful retaliation claim.

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Shikha Tandon

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