Retaliation in the Workplace
Lisa is a 43 year-old female and has been off work for twelve weeks under a Family Medical Leave (FMLA). She finally gets the release to return to work from her physician. Lisa is so excited to meet up with her co-workers and manager. When Lisa returned she didn’t quit get the warm welcome she expected. She received the cold shoulder, and was not asked to sit in on the morning meetings, as she did, before the FMLA. To top it all off, a few weeks into returning, her manager started to verbally abuse her and Lisa was transferred to a different department. Does Lisa have what is needed to file a retaliation claim against her manager?
Workplace retaliation is when an employee is part of a protected activity …show more content…
Some of the amendments that were made to Title VII of the Civil Rights Act of 1964 lowered the burden for the person filing a claim, the courts also, redefined employee, allowing ex-employees to file a claim on their previous employer. This could be why retaliation claims are on the rise; making it easier for an employee who feels they have been retaliated against to file claims against the employer. Different courts uphold different standards of the severity that the conduct must become in order to file a claim. However, there are three things that an employee must still prove in order for a retaliation claim to move forward. First, the employee must show that the act they were involved in was protected under the law, Lisa’s was. Second, the employer had to commit some sort of action against the employee, because of engaging in a protected act, Lisa’s manager did. Finally, the employee needs to connect both the protected activity and the adverse action caused by the employer, Lisa’s does. Given these three elements, the employee still must bear some part of the burden to show the severity, connection, and pervasive to the …show more content…
Rigid bureaucratic structures can promote behavior among the managers. Organizations that have hostility and intimidation are more likely to have managers who will abuse power and retaliated. Factors of an organization which may have higher claims and influences are organization having a lack of policies, the management culture has more authoritarian personalities, and the organization have higher levels of task-related conflicts, and promotes competition. These are issues that may be responsible for higher retaliation claims, but, they are also issues that can be resolved by putting a strong anti-retaliation policy in
Lisa is a 43 year-old female and has been off work for twelve weeks under a Family Medical Leave (FMLA). She finally gets the release to return to work from her physician. Lisa is so excited to meet up with her co-workers and manager. When Lisa returned she didn’t quit get the warm welcome she expected. She received the cold shoulder, and was not asked to sit in on the morning meetings, as she did, before the FMLA. To top it all off, a few weeks into returning, her manager started to verbally abuse her and Lisa was transferred to a different department. Does Lisa have what is needed to file a retaliation claim against her manager?
Workplace retaliation is when an employee is part of a protected activity …show more content…
Some of the amendments that were made to Title VII of the Civil Rights Act of 1964 lowered the burden for the person filing a claim, the courts also, redefined employee, allowing ex-employees to file a claim on their previous employer. This could be why retaliation claims are on the rise; making it easier for an employee who feels they have been retaliated against to file claims against the employer. Different courts uphold different standards of the severity that the conduct must become in order to file a claim. However, there are three things that an employee must still prove in order for a retaliation claim to move forward. First, the employee must show that the act they were involved in was protected under the law, Lisa’s was. Second, the employer had to commit some sort of action against the employee, because of engaging in a protected act, Lisa’s manager did. Finally, the employee needs to connect both the protected activity and the adverse action caused by the employer, Lisa’s does. Given these three elements, the employee still must bear some part of the burden to show the severity, connection, and pervasive to the …show more content…
Rigid bureaucratic structures can promote behavior among the managers. Organizations that have hostility and intimidation are more likely to have managers who will abuse power and retaliated. Factors of an organization which may have higher claims and influences are organization having a lack of policies, the management culture has more authoritarian personalities, and the organization have higher levels of task-related conflicts, and promotes competition. These are issues that may be responsible for higher retaliation claims, but, they are also issues that can be resolved by putting a strong anti-retaliation policy in