What is Workplace Retaliation?
Workplace retaliation happens when an employer punishes an employee for participating in protected activities, such as reporting harassment, unethical behavior, or discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) describes retaliation as any negative action—such as firing, demotion, or harassment—taken against an employee for these actions.
Who is Most Affected?
Retaliation tends to impact certain groups more significantly, including:
Low-performing employees (63%)
Women (62%) The most severe forms of retaliation include termination (80%) and hostile treatment (78%).
Types of Retaliation
Retaliation can manifest in two primary ways:
Overt Retaliation This involves actions that are openly and directly retaliatory. For example:
Termination, suspension, or discharge
Demotion or exclusion from promotion
Reduction in salary or job responsibilities
Biased performance reviews
Forced relocation or changes in work schedule
Subtle Retaliation These are indirect, harder-to-spot actions that create a hostile work environment:
Unrealistic performance expectations
Exclusion from team activities or meetings
Ignoring an employee’s ideas
Spreading false rumors or gossip
Offensive comments disguised as jokes
Signs of Retaliation
Employees who experience retaliation may notice several warning signs, including:
Biased Performance Reviews Unexplained declines in performance ratings or unexpected negative evaluations following complaints. For instance, Raj saw a sharp drop in his performance reviews after he testified about the company’s safety standards.
Exclusion from Opportunities Employees might find themselves intentionally left out of meetings, social events, or career advancement opportunities. For example, Jessica was left out of after-work gatherings after she reported harassment by a senior manager.
Sudden Increase in Workload Employees may be burdened with excessive tasks or unrealistic deadlines after raising concerns. For instance, Emma encountered unreasonable deadlines after she reported tax irregularities in her organization.
Verbal or Psychological Abuse Employees could face ongoing criticism, bullying, or public humiliation after expressing their concerns. For example, Mackel, who raised racial discrimination complaints, suffered verbal abuse from both colleagues and supervisors.
Sudden Disciplinary Actions Minor mistakes may unexpectedly result in unfair reprimands or disciplinary measures. For example, Latika was reprimanded for small errors after she reported ethical lapses in her department.
Preventing Retaliation in the Workplace
To effectively reduce retaliation, employers should implement several key measures:
Create a Strong Anti-Retaliation Policy Develop clear policies that safeguard employees and promote fair treatment, as retaliation can have detrimental effects on both individuals and the overall success of the organization.
Identify System Vulnerabilities Provide training for employees, particularly managers, on appropriate conduct and the legal ramifications of retaliation. Increase awareness of how biased actions can damage both individuals and the organization's reputation.
Highlight Unconscious Biases Organize workshops aimed at recognizing and addressing unconscious biases that may lead to retaliation. Encourage open communication channels for employees to voice their concerns.
Ensure Protection for Victims Make certain that employees who report misconduct feel secure and supported. Maintain open lines of communication and protect the anonymity and rights of those who file complaints.
Create an Effective Complaint Handling Process HR should respond to complaints swiftly and conduct thorough investigations, taking into account all viewpoints before reaching conclusions. A proactive and responsive HR department can significantly reduce the risk of retaliation.
By adopting these practices, organizations can foster a safer, more supportive work environment that prevents retaliation and encourages employees to report unethical or discriminatory behavior without fear of negative consequences.