Business owners who employ workers need to ensure they have appropriate employee policies and procedures in place. This includes everything from policies about being on time for work to dictating what kind of activities are – and are not – acceptable on company time.
While some business owners might not think about it, setting up policies that empower employees to file complaints about things like harassment, discrimination and safety violations, is also important. Company policies should strictly forbid retaliation from occurring in the wake of filing complaints.
Establish a clear anti-retaliation policy
A well-defined anti-retaliation policy is essential. This policy should outline what counts as retaliation, the consequences of such actions and the procedures for reporting and addressing complaints. The policy must be communicated clearly to all employees, and training sessions should be conducted regularly to reinforce understanding and adherence.
Create a clear reporting system
A reporting system should allow employees to report concerns or complaints confidentially and without fear of retaliation. Options for anonymous reporting can further encourage employees to come forward. Ensure that all reports are taken seriously and investigated promptly and thoroughly.
Train managers and supervisors
Managers and supervisors should be trained on how to handle complaints and understand the importance of non-retaliatory behavior. This training should cover recognizing potential retaliation, appropriate responses to complaints and the legal implications of retaliatory actions. Managers should be aware that even subtle forms of retaliation can lead to legal issues.
Document everything
Thorough documentation is a critical defense against retaliation claims. Keep detailed records of all complaints, investigations and actions taken. Document performance reviews, disciplinary actions and any interactions that could be construed as retaliatory. Accurate records provide evidence that decisions were made based on legitimate reasons unrelated to the complaint.
Conduct impartial investigations
When a complaint is made, businesses need to conduct an impartial investigation to determine its validity. Ensure that the investigator is unbiased and that the process is transparent. An impartial investigation helps build trust and demonstrates the company’s commitment to fair treatment. Follow up with both the complainant and the accused to ensure no retaliatory actions occur post-investigation.
Regularly reviewing and updating company anti-retaliation and related workplace policies is important. Laws and best practices evolve, so staying current can help companies to maintain compliance and protect against claims. Periodic audits of company practices can identify areas needing improvement or additional training.