Essay about The Harassment Of 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 and the employer reacts against that employee, because of the protected activity. According to The Ethics Resource Center (ERC) who took a survey in 2012, showed that 60 million workers in the United States, witness some type of misconduct in the work place and 65 percent said they were willing to report it, but feared retaliation and losing their jobs. The most common type of retaliation claim, is when an employee feels he/she has been harassed because of doing a lawful activity. As a result the employee will usually file a discrimination claim first, then a retaliation claim may or may not follow. Sometimes, the discrimination claim will be dropped due to lack of evidence and the retaliation will still continue.