Workplace Retaliation Laws
Federal law prohibits employers from retaliating against employees who make complaints related to:[1]
- Discrimination against sex, religion, race, or age[2]
- Unsafe conditions[3]
- Failure to reasonably accommodate a disability[4]
- Violation of protected rights (e.g., taking maternity leave)[5]
However, U.S. law only protects against employer retaliation if certain criteria are met (e.g., company size). There are often additional and more stringent worker protection laws at the state level that cover employees working for smaller employers, though this isn’t always the case.[6]
Handling Workplace Complaints
- Gather complaint form. Employee submits a written complaint to their supervisor or the company’s HR department.
- Investigate complaint. The supervisor or HR discusses the issue with the employee and promptly begin a formal investigation.
- Collect information. During the investigation, HR rep or supervisor gathers information from the parties involved including any witnesses.
- Deliver response. Once the investigation is complete, the involved parties are notified of the outcome and of any corrective action that will be taken.
Sample
Employee Name: [EMPLOYEE NAME] Employee Department: [EMPLOYEE DEPARTMENT]
Employee Title: [EMPLOYEE TITLE] Employee ID #: [EMPLOYEE ID #]
Supervisor Name: [SUPERVISOR NAME] Email: [EMPLOYEE EMAIL]
Address (for mailed correspondence): [EMPLOYEE ADDRESS]
Date of Incident: [MM/DD/YYYY] Time of Incident: [MM/DD/YYYY]
Location of Incident: [INCIDENT LOCATION]
Describe the incident in detail: (attach additional sheets or documents if needed) [INCIDENT DETAILS]
If there are any witnesses, provide their information below:
1) Witness Name: [WITNESS NAME] Phone Number: [WITNESS PHONE]
2) Witness Name: [WITNESS NAME] Phone Number: [WITNESS PHONE]
3) Witness Name: [WITNESS NAME] Phone Number: [WITNESS PHONE]
Is this the first time raising these concerns? ☐ Yes ☐ No
If no, who were they discussed with? [INDIVIDUAL NAME] Date: [MM/DD/YYYY]
What was the outcome of the discussion? [DISCUSSION OUTCOME]
If you have a desired outcome or any suggestions to remedy the complaint, describe them here:
[DESIRED OUTCOME]
Is there anything else relating to the complaint that you’d like to add?
[ADDITIONAL DETAILS]
By signing below, I acknowledge that the information provided in this complaint form is true and accurate to the best of my knowledge. I understand that this form will be used for the purpose of investigating my complaint.
Print Name:[EMPLOYEE NAME]
Print Name:[INDIVIDUAL NAME]
Sources
- 42 U.S.C. § 2000e(b), 29 U.S.C. § 2611(4)(A)(i)
- 42 U.S.C. § 2000e-2(a)(1), 29 U.S.C. § 621(b), 42 U.S.C § 2000e-3(a), 29 U.S.C § 623(a)
- 29 U.S.C § 660(c)(1), 29 U.S.C § 654(a)
- 42 U.S.C. § 12112(5)(A), 42 U.S.C § 12203(a)
- 29 U.S.C § 2615(a)(2). 29 U.S.C § 2612(a)(1)(A)
- Cal. Lab. Code §§ 98.6(a), Or. Rev. Stat. §§ 659A.199(1)