Tempted? THINK AT LEAST TWICE! Retaliation can come in a lot of different shapes, and sizes, so let’s tune our discussion to Retaliation in the world of Discrimination Law.

Yes Discrimination:

· Age Discrimination

· Disabilities Discrimination

· Harassment

· Sexual Harassment

When an employee comes to management to talk about discrimination, particular care must be taken to listen intently, and respectfully to the views of the presenter. To do other than that can lead to an ever-worsening Human Resources Nightmare.

The very last thing you want to do is: retaliate.

Yes, I did want to scream that word out, but sometimes small, subtle pronouncements can catch your eye and seize your brain cells more effectively than shouting. Sure it’s tempting; nobody likes to discuss the negative subject of discrimination. But DON’T THINK IT, DON”"T PLAN IT, AND DON”"T DO IT!!!! In short: DON’T RETALIATE!!

Simply put retaliation damages you in several ways. For the sake of this discussion, lets assume that the worker does indeed have a valid case of one of the forms of discrimination listed above. If you retaliate against that worker, in just about any form, after they have initiated a discussion of discrimination, you will likely do the following:

· You vastly improve the employee’s case

· You lengthen the window of opportunity as relates to EEOC submittal

· You make the employee’s case easier to win, and more expensive to settle.

What does the U.S. Supreme Court say about retaliation? Let me give you this reference case for your consideration. This is one of the latest findings of THE court in the arena of harassment and sexual harassment. The court in its findings allows that the scope of consideration on Retaliation, is indeed wider and broader than the scope of consideration on discrimination law. The court specifically points out the writings of the Congressional writers of Title VII and allows that the difference in the writing enlarges the field of play in retaliation matters.

Of particular interest is the following:

· “”We conclude that the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment, or occur at the workplace.

· We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant.

· In the present context, that means that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination.”"

Reference Case: Burlington Northern Sante Fe Railway Co. v. White
Pages 1 and 2 of the Opinion of the Court, June 22, 2006

Retaliation is very serious business. Most of us are familiar with the teachings that impart the thought: “”Treat Others as You Wish to be Treated.”" OK , I rewrote that, to be religiously sensitive shall we say.
But if you caught my drift, then let me suggest an Eleventh Commandment:

#11: Thou Shalt Not Retaliate!

Mr. Barger became interested in the subject of Sexual Harassment early in his present job. He then began a course of study ending in the 2001 awarding of a Master of Arts degree in Business. During that course of study, and since that time he has researched, reported on, and taught Sexual Harassment to Business Communication’s Strategies students, and Ethics students in the Business and Nursing Colleges.

More information on Harassment and Sexual Harassment can be found here
Bill Barger
Barger Specialties LLC

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Some industries have so many unscrupulous players that merely being part of such an industry makes you look bad. We all know the industries with bad reputations, for instance; Used Cars, Stock Brokerage Firms, Lawyers, and Bail Bondsmen. But just because someone is in such an industry does not mean they are all that bad. There are some fair, honest and decent people, right? Well, look at the examples I just gave again? See the problem, you hesitated didn’t you, sure you did.

It’s amazing how we stereotype people by profession and industry, even though each individual is just that, an individual. Some folks would never trust a lawyer or a used car salesmen, even if they were in their own family, it’s true, why are people so cruel and harsh, why is it that we think like this? Are people really guilt simply by the industry they work in?

What about politicians, are they all considered crooks? Why? If we are to get honest and decent politicians and we keep calling them all crooks who would want to do that job, see the problem? Now, I have met some pretty disgusting human beings in my life in the very same industries listed above. But, sure enough I have met a few honorable people in those professions too.

Discrimination by industry or guilt by industry association is not a good thing, and it’s a real problem, especially if you are trying to clean up an industry and put a little integrity back into the loop. It’s not going to be easy to stop these stereotypes, but perhaps we all ought to give it our best efforts. Think on this.

“Lance Winslow” – Online Blog Content Service. If you have innovative thoughts and unique perspectives, come think with Lance here

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Tags: ethical, business, job, issues, discrimination