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.

Learning Paths & Details

Topics

Suggested Industry Usage

Competencies

Developing Core Leadership Skills
Managing Legal Risk

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Also Available as: eLearning - Signature It's the Law™: The Legal Side of Management (eLearning Advantage) Managers have a lot on their plate these days. They are expected to hire the right people for the job, coach and motivate their employees, anticipate problems before they occur, and get their own workloads completed on time and within budget. If this seems like a lot to focus on, it’s not all. We also need them to keep themselves and the organization out of court. Managers and supervisors make decisions every day that impact the lives of the people throughout the organization. They have an obligation to make sure those decisions don’t result in a lawsuit. This is a lot of responsibility for managers. It’s the Law™ can help them put the legalities of management into perspective and keep the organization out of the courtroom.
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Training Files (2)

EnglishSpanish (NA)

Title	Type	Time/Pages	Language
It's the Law™ Retaliation Video with graphics and narrator	Video Vignette	03:14 min	English	Demo

Additional Information

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.