Last week, the Occupational Safety and Health Administration released a publication known as “Recommended Practices for Anti-Retaliation Programs” that will help employers create workplaces that are free from retaliation. Retaliation is an issue in many workplaces across the United States to this day and must be addressed. Though the publication is not mandatory to employers, it is useful and gives guidance on very particular issues that may come into play in the workplace. OSHA has been working for years to prevent workplace retaliation through their Whistleblower Protection Program, which protects against retaliation for raising health, safety, and potential violation concerns.
In the publication, you may find an explanation of retaliation in the workplace as many examples that range from firing an employee to reassigning them to a less desirable position or harassing them. An employer may also find steps on how to implement an anti-retaliation program in the workplace. You can also find information on the “Five Key Elements to an Effective Anti-Retaliation Program,” which include management leadership, systems for listening to employees, and systems for responding to retaliation reports.
Understanding Workplace Retaliation
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Workplace retaliation can happen to anyone. It is the most frequently alleged discrimination in a workplace and is completely illegal – which means that applicants or employees can assert their rights to a free and fair workplace. It is unlawful for an employer to retaliate against an employee based on many issues, including a few of the following:
- Filing or being a witness in a complaint or lawsuit
- Communicating with an employer about employment discrimination
- Answering questions during an employer investigation
- Resisting sexual advances
- Requesting accommodation of a disability or for a religious practice
Sadly, employees are discriminated against every year and retaliated against when they assert their rights. If you have been retaliated against by an employer, you may have a case. Call us today for more information on how we can help you through the process.