RETALIATION–Think, Think and RE-Think This One
By: Barger Specialties LLC | Posted: 01st July 2007
RETALIATION
Tempted? THINK AT LEAST TWICE!!
Retaliation can come in a lot of different shapes, and sizes, so let’s tune our discussion to Retaliation in the world of Discrimination Law.
Yes Discrimination:
· Age Discrimination
· Disabilities Discrimination
· Harassment
· Sexual Harassment
When an employee comes to management to talk about discrimination, particular care must be taken to listen intently, and respectfully to the views of the presenter. To do other than that can lead to an ever-worsening Human Resources Nightmare.
The very last thing you want to do is: retaliate.
Yes, I did want to scream that word out, but sometimes small, subtle pronouncements can catch your eye and seize your brain cells more effectively than shouting. Sure it’s tempting; nobody likes to discuss the negative subject of discrimination. But DON’T THINK IT, DON”T PLAN IT, AND DON”T DO IT!!!! In short: DON’T RETALIATE!!
Simply put retaliation damages you in several ways. For the sake of this discussion, lets assume that the worker does indeed have a valid case of one of the forms of discrimination listed above. If you retaliate against that worker, in just about any form, after they have initiated a discussion of discrimination, you will likely do the following:
· You vastly improve the employee’s case
· You lengthen the window of opportunity as relates to EEOC submittals
· You make the employee’s case easier to win, and more expensive to settle.
What does the U.S. Supreme Court say about retaliation? Let me give you this reference case for your consideration.
http://www.supremecourtus.gov/opinions/05pdf/05-259.pdf
This is one of the latest findings of THE court in the arena of harassment and sexual harassment. The court in its findings allows that the scope of consideration on Retaliation, is indeed wider and broader than the scope of consideration on discrimination law. The court specifically points out the writings of the Congressional writers of Title VII and allows that the difference in the writing enlarges the field of play in retaliation matters.
Of particular interest is the following:
· “We conclude that the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment, or occur at the workplace.
· We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant.
· In the present context, that means that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination.”
Reference Case: Burlington Northern Sante Fe Railway Co. v. White
Pages 1 and 2 of the Opinion of the Court, June 22, 2006 : http://www.supremecourtus.gov/opinions/05pdf/05-259.pdf
Retaliation is very serious business. Most of us are familiar with the teachings that impart the thought: “Treat Others as You Wish to be Treated.” OK , I rewrote that, to be religiously sensitive shall we say.
But if you caught my drift, then let me suggest an Eleventh Commandment:
#11: Thou Shalt Not Retaliate!!
More information on Harassment and Sexual Harassment can be found at
http://www.sexualharassmentresources.com
Bill Barger
Barger Specialties LLC
About the Author
Occupation: Technical Support Specialist
Mr. Barger became interested in the study of Sexual Harassment during his current employment. Thus he undertook a course of study, ending with a Master of Art's degree in Management with a major in Human Resources. During his course of study he researched and reported on Sexual Harassment and has taught Sexual Harassment to Business and Ethics courses. His web site: http://www.sexualharassmentrecources.com seeks to be your total resource for information on harassment and sexual harassment, and provides general information applicable to other areas of Discrimination Law as well.
Bill Barger
Barger Specialties LLC
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Tags: scope, several ways, sake, nightmare, human resources, window of opportunity, shapes and sizes, brain cells, different shapes, disabilities, pronouncements, supreme court, retaliation, age discrimination, sexual harassment, eeoc