Checklist: Activities Protected From Retaliation or Discipline
Typically, a higher-level manager or human resources practitioner receives a request from a line supervisor to discipline an employee because of an employee's action (or lack of action). It is prudent to review all of the circumstances of the request against a checklist of activities that employers cannot punish or retaliate against employees for doing.
- Employee files a claim alleging any form of prohibited discrimination in the workplace.
- Employee files a workers' compensation claim.
- Employee files a charge of unfair labor practices occurring in the workplace.
- Employee files a charge with the Wage and Hour Division against the employer alleging improper pay practices.
- Employee engages in any activity that the NLRA specifies is a "protected concerted activity."
- Employee complains that there are hazards in the workplace that are unsafe or unhealthy, or the employee refuses to work an assignment because of safety or health concerns.
- Employee reports concerns about violations concerning environmental issues.
- Employee reports fraud, corruption, or any other suspected wrongful activity on the part of the employer or any employee including members of management.
- Employee participates, cooperates or testifies in an official investigation of alleged wrongdoing on the part of the company and its employees.
- Employee advocates unionizing the company.
- Employee joins or is a member of a union.
Caution: In addition to protected actions, as a general rule, employers must not retaliate against an employee who states that he or she has done any of the above actions even though you may not believe the employee.
An employee may falsely exercise protected rights, such as filing a charge of discrimination alleging facts that are not true and can easily be proven to be false. Nevertheless, such an activity is still protected and an employer may not retaliate.
Title VII's ban on retaliation extends beyond workplace-related or employment-related retaliatory acts and harms.
Reprinted with permission. © CCH
<p>It is prudent to review all of the circumstances of the request against a checklist of activities that employers <i>cannot</i> punish or retaliate against employees for doing.</p>
Checklist: Activities Protected From Retaliation or Discipline
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