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6 Tips for Avoiding Retaliation Claims

By March 14, 2024No Comments

Allegations of retaliation are a leading cause of employment lawsuits. Retaliation in the workplace is the unlawful discrimination that occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as filing a harassment claim or participating in a workplace investigation over alleged misconduct.

As an employer, you face a rising tide of employment practices litigation alleging discrimination, sexual harassment, retaliation, and other employment-related issues. We will work with you to help you assess and manage your risk proactively.

Retaliation claims can be severe and damaging to a company’s reputation and bottom line. They can also damage employee morale, reduce retention rates and decrease productivity.

Not only can claims affect your company, but they can also affect employee morale. It would be beneficial to make your employees feel heard and appreciated. Issues such as discrimination or harassment can affect your employees tremendously.

Here are six tips on how to avoid retaliation lawsuits with your organization while putting your employees first:

1. Understand your responsibilities. It is illegal for employers to retaliate against applicants, employees, or former employees for filing a discrimination complaint, filing a charge of discrimination with a governmental agency, participating in a discrimination investigation or lawsuit, or opposing discrimination.
2. Don’t take out your frustrations about a complaint to the employee. Treat the employee as if they had never filed a report, assisted with an investigation or lawsuit, or opposed misconduct or discrimination.
3. Treat employees consistently. Ensure all employees receive the same treatment or that there is a justifiable reason for differential treatment, such as deficient performance.
4. Explain your rules and expectations to employees. Make sure employees understand your business’s policies. Inform employees that retaliation is illegal and will not be tolerated.
5. Establish an open-door policy. Encourage employees to share any concerns about discrimination with you. Respond promptly and effectively to discrimination questions, concerns, and complaints.
6. Hold employees accountable. Ensure employee policies are followed and enforced consistently. Hold employees accountable for complying with and enforcing policies.

EPLI, also known as Employee Practices Liability Insurance, can cover workplace retaliation claims and covers the risk of having to pay for such claims. EPLI policies often cover both the business and individuals, like company directors.

EPLI policies are usually written to cover cases that come out of unintentional actions or failures to act, rather than deliberate acts of discrimination or other wrongful practice.

For more information on how to avoid costly employment losses, contact Dempsey & Siderstoday.

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