Preventing Workplace Harassment, Discrimination, and Retaliation

 Publish and discuss the Agency’s anti-bullying policies;

 Make compliance with the Agency’s polices a job performance standard;



Encourage reporting at all levels;

 Take reports of bullying behavior seriously and interface with Human Resources/Personnel to assure compliance with Agency investigative protocol;

 Discipline as appropriate when Agency policy has been violated;

 Follow-up with the Target for an extended period of time to determine if any other issues have arisen;

 Do not reward bullying behavior or accomplishments; and



Be a good role model.

R ETALIATION

Section 7

All of the anti-discrimination laws contain provisions that protect employees who report or oppose discrimination or harassment. 112 But as described in more detail below, the anti- retaliation laws also protect employees who report, expose, or question employer misconduct, or otherwise engage in protected activity. Thus, an anti-retaliation law is any law that:

 Defines certain employer conduct as either mandated or prohibited; and

 Prohibits employers from retaliating against employees who try to invoke or enforce that law.

To protect against claims of retaliation, an employer should take a proactive and preventative approach that lets employees know that it will not tolerate retaliation and that it encourages employees to report perceived unlawful activity. By doing so, employers gain the opportunity to rectify problems before they turn into litigation. To state a claim of unlawful retaliation under any of the anti-discrimination statutes, an individual must show that: (1) the individual engaged in a protected activity; (2) the employer subjected the employee to an adverse action; and (3) a causal connection exists between the protected activity and the adverse action. 113

A. P ROTECTED A CTIVITY

An employee engages in protected activities by:

 Refusing to obey an order reasonably believed to be discriminatory;

 Filing a complaint with a federal or state enforcement agency;

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 28