When an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) or just reports internally, a well-thought out company response is vital to preventing the situation to escalate. Not only do these situations become toxic for the company culture, they also come with hidden legal risk. Managing your response and training supervisors is key. Many employers are surprised when they are caught up in litigation after an employee has lodged a complaint, because the situation unfolded in an unexpected manner or they did not foresee risk.
An employee does not have to lodge an EEOC complaint for discrimination or harassment to be legally protected from retaliation. If a worker tells her supervisor to stop harassing her, she is protected. Participating in investigations for discrimination and reporting unlawful conduct can also give rise to claims of retaliation. So imagine an employee and supervisor hanging out at the bar after work, and the employee tells his supervisor buddy about a co-worker calling him a racially offensive name. The casual atmosphere and the friendship could lull the supervisor into thinking that he can handle the matter in an informal way or dismiss the report as bar talk. However, supervisors should be properly trained to recognize what situations should galvanize them into formal action.
What if an employee lodges a complaint that the company discriminated against him, but an investigation shows he was completely off-base. Perhaps the company moved an employee to a different position for completely legitimate reasons, but then decided to demote the squeaky wheel to teach him a lesson after he made a complaint. Can’t a company do what it wants if it was in the right? Nope. As long as an employee had a reasonable, good faith belief that there was discrimination, his firm cannot punish him for making a claim.
Legal protection from retaliation envelops more than just the employee who made the initial complaint. Not only does the law protect people who speak with investigators (including both EEOC and company investigators) and who testify in a case, but it also extends to an employee’s close affiliates. Courts have found retaliation when a company acts against the complainant’s family member, boyfriend/girlfriend, and even best friend.
Laws protect employees from retaliation in claims arising from the Civil Rights Act (including racial, gender, national origin discrimination, etc.). Retaliation claims can also arise in age discrimination complaints (under the Age Discrimination in Employment Act), whistleblower cases (under the Dodd-Frank Act), Family and Medical Leave Act cases, safety proceedings (Occupational Safety and Health Act), disability (under the Americans with Disabilities Act), and the Fair Labor Standards Act. States have their own versions of many of these federal laws as well. This means that a company cannot take an adverse action against an employee who complains of a safety violation, for example. The legal analysis may vary depending on the law at issue, but one thing remains the same across any of these laws. The best practice to avoid claims for retaliation? Make employment decisions based on legitimate business reasons, such as job performance, attendance, and competency.
To learn more about how you or your business can better protect themselves from retaliation claims, contact the Goosmann Law Firm at info@goosmannlaw.com, (712) 226-4000, or visit one of our three convenient locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Dakota Dunes, South Dakota.