How to Train in Retaliation Prevention
Adverse action occurs when a manager unwittingly or knowingly retaliates against an employee for reporting perceived discrimination or violation of code. Adverse action includes intimidation, unjustified performance reviews, denial of promotion, threat of demotion, threat of termination, or termination among other things. Title VII of the Civil Rights Act of 1964 protects against discrimination based on race, color, religion, sex, national origin.Two additional federal laws prohibit discrimination against age (ADE) and disability (ADA). Federal laws specifically state that retaliation is in violation of the law. Conducting retaliation prevention training for management is smart business.
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Things You'll Need
- List of employee claims of sexual harassment by year
- List of employee Title VII complaints by year
- List of employee age discrimination (ADE) complaints by year
- List of employee disability (ADA) complaints by year
- List of employee general workplace complaints by year
Instructions
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Prepare for and complete a complaint analysis is the first step. Organize complaints filed by category of violation and by year. The first category includes protected class (race, color, religion, sex, national origin). The second category is age discrimination (employees 40 years and older), and the third category is disability discrimination. Categorizing complaints reduces subjectivity; the facts are the facts: For example, "there were nine complaints alleging race discrimination in 2010"; "there were 12 complaints of age discrimination by workers over 40". This information is now the starting point for digging deeper to spot trends, problem areas within the company, and potentially damaging behaviors of specific managers.
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Dig deeper to spot trends and problems areas. Now it's time to rank the nature of complaints. If complaints of sexual harassment have been at the top of the list for last five years, that is both problem area and trend. After ranking nature of complaints, create a separate column listing the name of the employee's manager next to every complaint. Now you have a comprehensive starting point for retaliation training.
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Develop the training needed as indicated by research. Retaliation prevention training includes the legal ramifications of adverse action and explains what it is and what it looks like in action. Use whatever complaint ranks number one on the list of complaints, as a case study in the retaliation prevention training. Management training includes instruction on perceptions of intimidation, what constitutes threatening behavior, guarding against harsh performance reviews, problems when showing favoritism to employees, risks of assigning lessor work assignments to an employee, guidance on avoiding any actions that affect an employee's performance and lastly, a thorough review of Title VII Retaliation laws per Equal Employment Opportunity Commission (EEOC).
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References
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