What are the key components of a retaliation policy?
Author: Beth P. Zoller, XpertHR Legal Editor
A retaliation policy should include the following:
- An explicit prohibition against retaliation;
- Clear definitions of retaliation, including what constitutes an adverse employment action and practical examples of retaliation;
- Comprehensive and effective complaint and reporting mechanisms, including encouragement to report retaliation through the appropriate channels and an outline of the employer's investigation procedures;
- Procedures to promote confidentiality to the extent possible;
- Broad disciplinary provisions; and
- Employee acknowledgement. An employer should require all employees to separately acknowledge receipt and review and consent to the retaliation policy, as well as acknowledge the reporting structure.