Retaliation Policy
Author: Lisa Pierson Weinberger, Law Office of Lisa Pierson Weinberger, PC
When to Use
Retaliation is prohibited by many different laws at the federal, state and local level. Besides antidiscrimination and human rights laws, prohibitions against retaliation are frequently included in laws governing wages and hours, occupational safety and health, wage theft, labor rights and protected leaves (e.g., family and medical leave, military leave, voting leave, etc.), among others. Employers must be aware of the risk of a retaliation claim any time an adverse action is taken against an employee who has recently engaged in activity protected by such laws, such as complaining of discrimination or harassment to the employer or a governmental agency, participating in any related investigation, or initiating or participating in any proceeding related to a complaint. Because employers have an obligation to ensure that employees are not subject to unlawful retaliation when exercising legal rights at work, an employer should consider implementing this policy to encourage employees to report their concerns and assure them that they will be safeguarded if they file a complaint.
