Employee retaliation claims can be particularly dangerous for employers—and they are on the rise. In this new video, HR.BLR.com Legal Editor Joan Farrell explains what retaliation is, what types of actions are considered retaliatory, why employee retaliation claims can be so dangerous, and--most importantly--what employers can do to avoid them.
"One reason retaliation claims are on the rise, is that court decisions that broadened the coverage of retaliation protection, another is that employees often have more success with retaliation claims than other types of claims," Farrell explains in the video. "What can be particularly frustrating for employers is that a retaliation claim can survive even when the underlying complaint of workplace discrimination is dismissed.
"That’s because the laws against retaliation aren’t tied to the substance of the discrimination claim, they’re tied to the action the employee takes in filing the claim. As long as an employee has a reasonable, good faith belief that he’s complaining about discriminatory conduct, it’s protected activity. And there are different legal standards for proving retaliation."
In the video—which is free to watch--Farrell provides 6 things employers can do to avoid retaliation claims. The video is available at HR.BLR.com.