Although employers are prohibited from retaliating against workers for engaging in protected activity, employees can still be disciplined or fired for legitimate reasons.  Before you take adverse action, make sure the decision is:

  • Not based on the worker’s age, disability, national origin, race, religion, sex, or any other protected category.
  • Not based on the worker’s decision to oppose or report discrimination, or to participate in an investigation or lawsuit.
  • Consistent with your company’s disciplinary policy or justified when deviating from the policy.

Always, Always Always – Document all employment decisions to help defend against possible discrimination charges.  Establish a process for handling complaints.   Create and follow consistent practices.