Retaliation suits make up 24 percent of the U.S. Equal Employment Opportunity Commission’s (EEOC) legal workload, according to a release issued by the Automotive Parts Rebuilders Association (APRA).
It doesn’t matter what the facts of the suits are, says APRA, juries usually are more sympathetic toward employees than they are to employers.
In light of this, the association offers the following advice when dealing with an employee with a work complaint:
- Don’t change the status quo. Don’t make work changes, including transfers or modifications in responsibilities or schedules, of the employee who has complained. If this employee must be reassigned to a different position, try to get that employee’s consent beforehand.
- Document all actions. Avoid disciplinary actions that could be considered retaliatory, such as written reprimands, demotions or terminations.
- Limit references given. If you fire an employee, don’t give poor references or any reference that isn’t required.
- Treat employees equally. Don’t monitor people who file complaints more closely than others. Instead, document how all employees are performing.
- Keep anger at bay. Blowing up at an employee who files a complaint can cost a bundle.
In addition to these tips, the EEOC offers the following suggestions in helping to avoid lawsuits:
- Promote awareness. Set up a written policy banning retaliation and enforce it. Tell all employees that retaliation will not be tolerated and will result in disciplinary action.
- Keep an open-door policy. Encourage staff to report any problems they are having to the company, rather than reporting it to lawyers.
- Investigate complaints immediately. By doing this, employees with complaints feel compelled to report issues to the company, rather than going to an outside source.
