Employers are expected to create a workplace that’s conducive to work. While that can mean different things at different companies, all businesses must comply with very specific laws, such as those related to workplace safety and employee rights.
Part of the checks and balances that come with upholding the law is creating an environment that encourages employees to speak out if there are any violations of laws or regulations, as well as speaking up to uphold their rights. This can mean that they must be free to file complaints and participate in other protected activities.
What should happen when an employee participates in a protected activity?
An employee who participates in a protected activity should be supported without fear of retaliation. This means that they shouldn’t have to worry about negative employment actions, such as termination or a reduction in hours, just because they engaged in a protected activity.
Employers should ensure managers, supervisors and administrators all have a comprehensive understanding of what retaliation means so they can avoid doing anything that could be construed in that manner.
Does engaging in a protected activity provide blanket coverage for employees?
Retaliation only applies to actions that are directly due to the employee engaging in a protected activity. They can still be disciplined for actions that are in violation of company policies, as long as those policies aren’t illegal.
Proper documentation of all disciplinary actions taken against employees can help to prevent retaliation. It may also help employers to show that valid employment actions weren’t the result of a protected activity.