Description

Non-Profit Anti-Retaliation Policy

Non-Profit Anti-Retaliation Policy Preparation Form (Coming Soon) – We recommend that you gather the information in this form prior to accessing the online questionnaire.  Doing so will help you efficiently create your custom Non-Profit Anti-Retaliation Policy.

Summary

Numerous employment laws prohibit retaliation. Although employers frequently focus their efforts to minimize employment-related liability on issues relating to discrimination, harassment, and wage and hour issues, employers should also understand their potential legal and financial exposure for retaliation claims because:

• Most federal, state, and local anti-discrimination laws, as well as many other employment-related laws, prohibit retaliation.
• Plaintiffs typically can add retaliation claims to an already pending litigation by amending their complaints to assert additional legal claims based on events that occur after the original complaint was filed. Retaliation claims are particularly prevalent in the area of discrimination law.
• Under some laws, protected activity can occur in the form of a simple oral complaint.
• To engage in protected activity under most statutes’ anti-retaliation provisions, plaintiffs need only have a good faith, reasonable belief that their employer’s conduct was unlawful or discriminatory.
• Plaintiffs typically do not need to succeed on their underlying claim (such as a claim of race discrimination) to bring a successful retaliation claim.
• Retaliation claims are on the rise.
• Retaliation claims expose employers to significant liability, especially if the claim goes to a jury trial.

Details

Anti-Retaliation Policies

Anti-retaliation policies serve many important functions. For example, they:

• Demonstrate the employer’s commitment to complying with various federal, state, and local anti-retaliation laws.
• Assure employees that employers do not tolerate unlawful retaliation in any form.
• Define retaliation to:
  • communicate the employer’s expectations about appropriate workplace behavior; and
  • help employees identify retaliation when they experience or witness it.
• Encourage resolution of issues before they become legal claims by both:
  • providing an internal mechanism for employees to report retaliation they are experiencing or have witnessed; and
  • assuring employees that they can raise their concerns (for example, complaints about discrimination, harassment, or unpaid overtime) without fear of reprisal.

Anti-retaliation policies encourage resolution of problems before they become legal claims by providing a procedure for employees to formally notify their employer about retaliation. A properly drafted and enforced anti-retaliation policy should include a complaint procedure that:

• Encourages employees to report retaliation.
• Requires that employees who report retaliation use a specific procedure.
• Informs employees that retaliation complaints will be promptly investigated.
• States that the employer will swiftly take appropriate corrective action to stop any retaliation.

Although anti-retaliation provisions are often included in equal employment opportunity and anti-harassment policies, a stand-alone anti-retaliation policy is important because retaliation can occur in several contexts other than discrimination or harassment. Employers should train all employees on anti-retaliation policies to prevent retaliation from occurring and to encourage early resolution of complaints. Although this Anti-Retaliation Policy does not address state or local laws, these may also prohibit retaliation.

Employers are urged to seek advice from their legal advisors with respect retaliation-related matters.  Neither the document, nor any information contained herein constitutes legal or tax advice.