Don’t Let Your Managers Guess at Employment Laws
Employment Law Fundamentals
Retaliation can take many forms — a denied promotion, an abrupt schedule change or the cold shoulder from a once-friendly team. But even subtle acts of retaliation can have real consequences for individuals, teams and an organization’s reputation.
In 2024, retaliation remained the most frequently filed charge with the Equal Employment Opportunity Commission (EEOC), accounting for more than half of all claims. It’s a sign that employers still have work to do in creating safe, supportive environments where people feel empowered to speak up without fear.
So, what can HR do? Here are six key steps to strengthening your anti-retaliation program:
1. Help employees understand what retaliation really is
Most people don’t set out to retaliate — but it happens when managers or coworkers let emotions cloud their judgment. Maybe someone reported harassment, and now they’re mysteriously excluded from meetings. Or they asked for disability accommodations, and suddenly their performance reviews take a dive.
Employees need to know that retaliation is any adverse action taken because someone engaged in a protected activity — like reporting discrimination or participating in an investigation. And it’s illegal, even if the original complaint isn’t substantiated.
2. Clarify what counts as ‘protected activity’
Some employees and managers may think retaliation only applies after someone files a formal complaint. Not so. Under the law, protected activity includes:
- Reporting discrimination or harassment (formally or informally)
- Participating in an internal or external investigation
- Requesting accommodations for a disability or religious belief
- Asking about pay equity or questioning seemingly unfair practices
- Refusing to follow an order that would result in discrimination
3. Use relatable examples to show what retaliation looks like
People learn best through stories. Bring anti-retaliation training to life by using scenarios employees recognize like:
- A shift manager takes away choice assignments after a worker files a complaint.
- A team lead rolls their eyes and stops mentoring a junior colleague who raised concerns about biased treatment.
- A worker is reassigned to the least desirable shift after speaking up about unsafe working conditions.
Retaliation isn’t always obvious — and that’s what makes it so important to spotlight the gray areas.
4. Remind everyone who’s protected
It’s not just full-time employees. Retaliation protections apply to job applicants, former employees, temporary workers, interns — anyone connected to the workplace. And retaliation doesn’t have to come from a manager. If coworkers start excluding someone or spreading rumors because of a complaint, that still counts.
5. Don’t forget the consequences
Retaliation claims can lead to lawsuits, bad press, low morale and high turnover. In one recent case, a company was ordered to pay $165,000 after firing three employees — including an HR director — who reported sexual harassment by a manager. The EEOC found that rather than investigating the complaint, the company punished the employees who spoke up. As part of the settlement, the organization also had to revise its policies and require anti-retaliation training. The court found the company had punished the individuals for doing the right thing — and sent a strong message in return.
Even without a headline-grabbing lawsuit, retaliation erodes trust. It teaches employees that speaking up comes with a price.
6. Train managers on how to respond — not react
Managers are often the first to hear complaints, and the most likely to unintentionally retaliate. That’s why targeted training is essential. Help your leaders understand:
- What counts as retaliation (and how to recognize it in themselves and others)
- How to manage interpersonal dynamics after a complaint
- Their responsibility to prevent and report retaliation — not just avoid it
Give them the tools to support employees who speak up, while also maintaining fairness and professionalism for everyone involved.
Moving from risk to respect
At the end of the day, preventing retaliation is about culture. When employees trust that they can speak up and be treated fairly, everyone benefits. It builds a workplace where people feel seen, valued, and safe — and that’s what drives engagement, innovation and long-term success.
