![]() This is particularly apparent with retaliation law because the legal standard requires an examination of the behavior after the allegation. It is obvious that the cause and effect of interpersonal conflicts can potentially implicate a legal process. ![]() ![]() Thus, EEO practitioners must work diligently with managers to ensure that retaliation is not permitted in the workplace. If retaliation for such activities were permitted, it would have a chilling effect upon the willingness of individuals to speak out against employment discrimination or to participate in the EEOC's administrative process or other employment discrimination proceedings. It is important to understand how retaliation manifests and to prevent it from occurring. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, disability and genetic information also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. What is Retaliation and Why It Matters?Ī manager may not fire, demote, harass or otherwise "retaliate" against an individual for filing a complaint of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The desire to retaliate is a common human reaction, but when done by a management official because employees assert their right to challenge a perceived wrong, the retaliation can establish legal liability. Why is this so common? Why does a situation move from an unproven/unsubstantiated allegation to a later violation based on the manager's response to the employee initiating a complaint? The simple answer is that individuals often seek to avenge a perceived offense. In a large number of these cases, it is common for an original discrimination allegation (on a basis other than retaliation) fail to establish a violation of the law, but the subsequent retaliation allegation results in a discrimination finding. ![]() “Calmly ask them why they acted how they did, rather than accusing them.” This is often the best way to change behaviour, as it requires them to reflect on their actions.% of Findings of Discrimination Based on RetaliationĮEOC's Annual Report on the Federal Work Force 2009-2013 and EEOC No Fear Data for FY 2009-2013 However, this can backfire: you may come across as petty, and is unlikely to change your boss or co-worker’s behaviour.Ī better way to deal with difficult colleagues is to ask them for a private conversation, says Williams. When colleagues try to make you look bad or undermine you, it’s tempting to do likewise. This protects your reputation: if your work ethic is called into question by colleagues, you then have a way to prove your productivity. You need to be cleverer than that: “Make sure you document your work thoroughly and let co-workers and your bosses’ superiors know what you are doing and have done,” advises Williams. “It’s tempting to expose the co-worker or boss in front of others, but this can backfire,” says executive coach Ray Williams. When you are subject to colleagues’ political tactics – such as taking credit for your work – it’s important not to retaliate. This strategy also works with game-playing colleagues – people with bullying tendencies often try to isolate victims, so the more people you have on your side, the less likely you are to be taken advantage of at work. Through joining together and discussing the bully’s behaviour, co-workers can contain the bully, who, with their behaviour exposed, loses the power to terrorise – and faces the threat of isolation.” “Grouping against a bully will provide victims with support for their feelings, since victims of bullies are at risk of becoming isolated. If one person at work is the main source of conflict, the best way to deal with them is to unite with your co-workers, says psychologist Dr Mary Lamia.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |