Which is NOT likely retaliation by a manager?
Excluding an employee who reported harassment at a holiday party from future social events
Changing the shift of an employee who reported harassment
Failing to promote an employee who reported harassment because she lacked o necessory certification
Firing an employee who turned down a date
The correct answer and explanation is:
The answer that is NOT likely retaliation by a manager is:
Failing to promote an employee who reported harassment because she lacked the necessary certification.
Explanation:
Retaliation occurs when an employer takes adverse actions against an employee as a response to the employee’s engagement in protected activity, such as reporting harassment, filing a complaint, or participating in an investigation. Retaliation is illegal under various labor laws, including the Civil Rights Act, Title VII, and the Occupational Safety and Health Act (OSHA).
In this case, the failure to promote an employee because she lacks the necessary certification is not retaliation, assuming that the certification requirement was a legitimate, non-discriminatory reason for the promotion decision. If the employee genuinely does not meet the qualifications for the promotion (e.g., the required certification), then the employer’s decision to deny the promotion is based on business-related criteria and not a response to the employee reporting harassment.
Now, let’s consider why the other options are more likely to be retaliation:
- Excluding an employee who reported harassment at a holiday party from future social events: This is likely retaliation because it targets the employee personally, making them feel isolated or unwelcome for having reported harassment. Excluding employees from social events or work-related gatherings due to their complaints is considered retaliatory behavior.
- Changing the shift of an employee who reported harassment: Shifting an employee’s schedule as a way to make their work life more difficult is a common form of retaliation. If the shift change is done with the intention of punishing the employee for reporting harassment, it could be seen as retaliation, especially if it disrupts the employee’s work-life balance or creates undue hardship.
- Firing an employee who turned down a date: If an employee is fired for rejecting a manager’s date proposal, this constitutes retaliation, particularly if the rejection was the direct cause of the termination. This behavior would be discriminatory and likely a violation of workplace protections against retaliation, harassment, or gender-based discrimination.
Therefore, in summary, failing to promote an employee due to certification requirements is a legitimate reason, while the other actions listed have elements of retaliation.