Video Vignettes ID: 2965

Understanding Retaliation (from It's the Law™)

Managing Legal Risk & Retaliation

Under federal, as well as many state and local employment laws, retaliation is defined as any adverse action taken because the employee engaged in an activity protected by law that would either dissuade a reasonable person from engaging in that protected activity or punish them for having done so.

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Examples of protected activities in the workplace include things like simply talking to your manager about something that you think could be illegal, unethical, or unsafe. It's a protected activity to report or file a complaint... or to refuse to participate in something that is illegal, unethical, or unsafe. In addition, cooperating with an investigation into a complaint... or being a witness in a court case are also protected activities.

Besides having engaged in a protected activity, in order to be considered a target of retaliation, the target also have to suffer what is known as an adverse action. For example, being fired can be considered an adverse action. Or being harassed, threatened, or even shunned by a manager or co-workers can also be considered an adverse action.

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Competencies

  • Developing Core Leadership Skills
  • Managing Legal Risk

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