Steps to Prevent Retaliation at Work

Did you know that retaliation is the most frequently alleged basis of discrimination raised before the Equal Employment Opportunity Commission (EEOC), year after year? In 2024 alone, 42,301 charges brought before the EEOC (which accounted for 47.8% of all charges that year) were retaliation claims.

While that number may sound overwhelming, preventing retaliation from happening at your workplace is surprisingly easy.

What is Retaliation?

According to the EEOC, retaliation occurs when someone in authority punishes or takes any adverse action against employees for asserting or exercising their rights. This may include employment decisions such as firing, demoting, putting the employee in an undesirable location/situation, giving them a less desirable position, or having any other negative impact on the employee's job or overall employee morale.

Retaliation can happen in many forms and occurs under various circumstances. In some situations, the victim of retaliation is the person experiencing harassment or other forms of mistreatment who brings the issue to light; in other situations, it's the third-party whistleblower who is retaliated against.

To help eliminate retaliation from happening at your workplace, and to avoid expensive and lengthy lawsuits, here are six proactive steps you should take.

1. Create an Anti-Retaliation Policy

Have a policy against retaliation in your employee handbook. The policy should specify what retaliation is, state that retaliation will not be tolerated, and set forth a process for reporting and investigating complaints.

Your policy should explicitly prohibit retaliation and reference the anti-retaliation provision found in most employment laws. For a model policy, please contact your Stratus HR Rep.

2. Provide Training to Managers and Supervisors

Managers, supervisors, and administrators must be trained to recognize and avoid adverse actions, harassment, intimidation, or any acts that could be perceived as retaliation. Be sure to document all training.

When a complaint occurs, provide additional training to the managers and supervisors who work with the complaining employee (and, where appropriate, coworkers) regarding their non-retaliation obligations.

3. Take Employee Complaints Seriously

Take all employee complaints seriously and perform a thorough investigation. If the complaint has any basis, remedy the situation immediately.

When conducting an investigation, remember to focus on the wrongdoer, not the employee who complained. Employers must take all concerns seriously, as failing to address or fix a possible violation can be considered retaliation under federal and state laws.

Employees who have engaged in protected activity, such as filing a complaint or participating in an investigation, are protected from adverse action, discipline, discharge, or other types of negative employment action.

4. Do Not Ignore or Isolate Complaining Employees

Employees who complain of unlawful conduct should not be ignored or treated as outcasts. Instead, be proactive by engaging with the complaining employee, then thank them for helping improve your workplace.

Touch base with the employee during and after the investigation to ensure there have been no further incidents or problems that could be considered retaliatory for any other related protected activity. Be sure to document all discussions with any workers involved.

5. Closely Review Subsequent Employment Actions

If an employee has recently claimed discrimination or has done something else considered "protected activity" but has genuinely warranted disciplinary action for unrelated reasons, be sure to contact your Stratus HR Rep. Employers must be able to prove that any employment action such as discipline, demotion, or discharge is justified and not motivated by the employee's participation in the protected activity.

In addition, be sure your management team has received notice of the employee's protected activity to cautiously ensure no unlawful retaliation plays a role in employment decisions.

6. Remember: The Employee’s Perception Is What Matters

If an employee believes their employer retaliated against them but the employer knows without a doubt the company did not act in an unlawful manner, beware: it could still end up as a successful retaliation claim. According to the law, if an employee reasonably believes that their company (a) acted in a discriminatory manner or (b) is doing something else that is unlawful, and the employee opposes the perceived wrongful practice, the employee is protected from retaliation – even if it turns out the company was doing no wrong.

Remember, retaliation is how the person is treated after engaging in protected activity, and the standard is whether a reasonable employee would view the action as retaliatory.

Real Examples of Retaliation

Employees are protected by a number of federal laws such as the Equal Pay Act, the Fair Labor Standards Act (FLSA), Title VII, the Americans with Disabilities Act (ADA), and many more. When they voice a concern to management or formally file a complaint to Human Resources, they are protected to do so without fear of retribution.

Here are several recent case studies where employers got into trouble for retaliatory behavior.

Religious Discrimination Claims (Title VII) Led to Retaliation

In 2025, the Venetian Resort in Las Vegas was found guilty for rejecting religious accommodations requested by employees of various faiths. Afterwards, the company retaliated against those employees by disciplining them, denying promotions, and/or terminating them.

Gender Discrimination Claim (Title VII) Led to Retaliation

A qualified female dispatcher working for an auto dealership in Baltimore was being paid less than the male colleague performing the same job. When she complained to the HR Department about wage disparity, she was fired a week later. Although the company claimed she was terminated for "a profanity she uttered during a break," the investigation discovered a male employee had previously engaged in far worse offensive conduct and had only received a written warning.

Race, National Origin, and Sex Discrimination Claims (Title VII) Led to Retaliation

At a life insurance company in Colorado, many employees (all of whom were female and/or African American) suffered from a hostile work environment that included name calling, racially demeaning cartoons, sexually-based comments, and unwelcomed kissing. These employees were also being paid less and looked over for promotions that were given to less-qualified, white male employees. When anyone complained, they were retaliated against, including a white vice president who refused to give negative evaluations to complainants and was fired.

Final Thoughts: Where to Get More Help

If an employee believes they have been the victim of retaliation, they can file a complaint with the appropriate agency. When substantiated, this may lead to a lawsuit in court - even if the treatment was unintentional. This is why it's extremely important for your managers, supervisors, and administrators to be able to recognize and avoid retaliatory behavior.

For more information about retaliation or to update your employee handbook, please contact your certified Stratus HR expert. Not a current Stratus HR client? Book a free consultation and our team will contact you shortly.

Sources:
https://www.eeoc.gov/data/enforcement-and-litigation-statistics-0
https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
https://www.eeoc.gov/fact-sheet-notable-eeoc-litigation-involving-pay-discrimination
https://www.eeoc.gov/publications/ada-your-responsibilities-employer