Any business can agree that there is no place for discrimination in the workplace. However, that doesn’t mean that these instances suddenly never occur. In 2024, the EEOC filed approximately 110 discrimination lawsuits. Among these, one of the most common bases for a discrimination lawsuit (a total of 43 cases) was for workplace retaliation. These numbers paint an unfortunate picture of how discrimination can manifest despite legal protections. As retaliation continues to be present in the workplace, it is essential for HR leaders to revisit their anti-retaliation policies on a regular basis.
Here are strategies for HR to implement to ensure their anti-retaliation policies stand as a barrier against discrimination.
Drafting a Clear Anti-Retaliation Policy
Anti-retaliation efforts are only as effective as the policies they are based upon. Policies must be clear and address key topics clearly and explicitly. This can include how the company defines retaliation as well as what type of actions qualify as retaliation.
It is critical for employees reviewing these policies to feel safe about the process, so policies should also include what legal actions can be taken without the fear of retaliation. According to the EEOC, employees have protections when reporting discrimination and should not face retaliation for doing so.
Another factor determining an employee’s sense of safety at the company is the mechanism in place to report instance of retaliation. Employees can benefit from having multiple channels at their disposal to report these uncivil acts. Channels must be confidential with anonymity providing another safeguard in place to protect the employee from any backlash.
With clear standards in place alongside action plans in case retaliation occurs, HR teams can set a standard of accountability while ensuring employees feel safe to report concerns.
Implementing Training Programs for Employees and Managers
Policies are an important step to an effective anti-retaliation plan, but they are only the first step. In the next stage, HR leaders will have to ensure that employees understand how to identify, mitigate, and respond to instances of retaliation. By doing so, employees, especially those in leadership positions, can have a better understanding of their rights and responsibilities in those scenarios.
Training can include reference material, such as real-life case studies of retaliation at work within different dynamics (peer to peer, manager to peer, etc.). Some employees may also benefit from engaging in sessions where they practice addressing conflict without inadvertently retaliating. These training sessions may need to vary by roles as an employee in a leadership position may be at an advantage over another in an associate position.
To ensure all employees can participate in the training, these sessions can be offered through e-learning platforms or live webinars. Allowing them to be accessible will not only help the workforce become more educated on this topic but it will also help create a work culture rooted in trust.
Enforcing Consequences for Retaliatory Actions
Despite having clear policies and effective training, instances of retaliation may still occur. Thus, HR leaders must be prepared with an action plan to use as a response. Without proper reinforcement, anti-retaliation plans can easily fall apart.
A strong enforcement strategy begins with establishing clear disciplinary measures. These can include verbal or written warnings, mandatory retraining, suspension, demotion, or even termination if there have been repeated offenses.
The response may vary on the type of event that was reported, so it is crucial to perform a thorough and fair investigation of the retaliation claim. This process can include gathering reports from all of the parties involved and accessing any physical or digital evidence, if possible.
When the investigation concludes that retaliation was present, the next stage is enforcement. This must be consistent across all levels, regardless of an employee’s seniority. No one person is above the policies put in place to protect workplace safety, so all offenders must be held accountable.
A Culture of Trust
HR leaders play a critical role in ensuring that anti-retaliation policies are not just statements on paper but actively enforced safeguards for a safe work environment. When employees know their concerns will be taken seriously and that retaliation will not be tolerated, they are more likely to engage in an open, ethical work environment where everyone thrives.
