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A vital part of your supervisors’ core training must include a detailed review of what constitutes retaliation. Retaliation is the result of a charge being made against a supervisor (hence organization), and now the employee who made the charge is treated differently than they were before the charge was brought. This is an illegal act.

The Real Hidden Danger

Every law under the sun, from OSHA and FLSA, to HIPPA and FMLA states emphatically there can be no retaliation against employees for any reason. The courts make clear even so called “at will” states cannot retaliate against employees for exercising their legal rights under title VII laws.

The real hidden danger is that every single employee in your facility is a potential plaintiff against the company. This means not only does the person making the charge against the company be protected against retaliation, but those employees who assist, testify, and otherwise cooperate in the investigation and/or litigation must be protected against retaliation as well. As such, retaliation is the largest protected class in the world. In 2008 along, retaliation charges brought before the EEOC jumped a stunning 23%. Pay very close attention this one.

Supervisors Must Take This Seriously

For this reason supervisors must attend core training on this law, and there must be specific company policies stating a zero tolerance policy concerning any form of retaliation. Subsequently, there must be clear policies stating that as a supervisor of the organization, all companies policies are to be enforced consistently across the board with all employees. The supervisor can’t have one set of rules for the employees he or she likes, and a different set of rules for those he or she doesn’t like. This is referred to as disparate treatment, better know as discrimination. Supervisors must understand that all employees (similarly situated) must be treated the same. Therefore, treat all exempt employees the same and all non-exempt employees the same.

Case-in-Point

For example, if the company policy states that all employees are to be at work at 8am, then everyone walking through the door at 8:01am is late (keep in mind similarly situated employees). An employee now files a charge of discrimination against the supervisor because they claim others (besides her) were consistently late to work, but nothing was ever done against them, and that they were singled out for punishment.

The supervisor is angry that the charge was made and now treats this employee differently by giving them what is perceived as bad assignments. As such the employee’s performance suffers greatly, and is reflected in their next performance review. This may be perceived by the employee as retaliation and a charge is brought against the supervisor. Rest assured the attorney will subpoena the company’s retaliation policy, and training records.

Also a recent Supreme Court ruling shocked everyone when the Justices ruled that “cold shoulders” or what is known as the “silent treatment” is a form of retaliation punishable in a court of law. It is urgent that your supervisor receive core training on this vital law.

Summary

A vital part of your supervisor’s core training must include a detailed review of what constitutes retaliation. In 2008 along, retaliation charges brought before the EEOC jumped a stunning 23%. For this reason supervisors must receive core training on this law, and there must be specific company policies stating a zero tolerance policy concerning any form of retaliation.

© 2009 Cubie Davis King. All Rights Reserved.

Dr. Cubie Davis King, Ph.D is a Training & Performance Improvement Technologist with a resume which includes 9 years military service, and executive positions with Xerox & CitiGroup, Dr. King has won top performance awards at every level of his storied career, and has a keen sense of of what it takes to improve the performance of organizations and individuals.

He is a well sought after speaker and his current work includes the SuperVisors’ Core Training 1.0 System. To reach Dr. King go directly to his website @ http://www.goldcrowninc.com