The Equal Employment Opportunity Commission reports that it received more complaints for retaliation in 2011 than for any other single reason.
These complaints are filed when an employer takes action against a worker, often by firing him or her, after the employee in question has made a complaint of some kind. Whether the complaint concerns a single supervisor, company practices or something else, firing an employee under the circumstances is legally considered retaliation, an abuse of the employer's power, BLR notes.
Transferring the employee to an undesirable position or location may also constitute retaliation. Claims of retaliation are often easier for employees or former employees to prove than discrimination, the news source notes. If an adverse action has been taken against a particular employee within six months of filing a complaint, then there may be legal grounds.
When it is necessary to fire a worker, employers should ensure their HR management system and practices are consistently applied and reasons for the decision are documented. This can help to defuse claims and show unfair or unreasonable actions were not taken. To address the concerns raised by the EEOC data, the U.S. Department of Labor has released new fact sheets to inform all concerned of relevant worker protection laws, including the Fair Labor Standards Act, the Family and Medical Leave Act and the Migrant and Seasonal Agricultural Worker Protection Act.
