Practice Management Alert

Question: What do we do if an employee files a complaint against our organization with the Equal Employment Opportunity Commission (EEOC)? Can we fire the employee for disloyalty?

Connecticut Subscriber

Answer: Employers can terminate employees for nondiscriminatory reasons, but if terminating an employee is the direct result of that person filing a complaint, your organization could face trouble.

The EEOC says companies cannot retaliate against employees for filing or being a witness in an EEO charge, complaint,investigation, or lawsuit; communicating with a supervisor about discrimination or harassment; answering questions during an investigation; refusing to follow orders that would constitute harassment; resisting sexual advances or intervening to protect; requesting accommodation for disability or religious reasons; asking managers or co-workers about salaries to discover potentially discriminatory wages; filing a complaint of discrimination; filing a charge of discrimination; participating in an investigation or lawsuit about discrimination; or opposing discrimination.

The EEOC defines retaliation in several ways, but terminating an employee as a direct result of their filing a complaint would definitely qualify.

For more information, read www.eeoc.gov/retaliation.