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A friend recently sent me a blog post advising employees how to diplomatically raise ethical workplace issues. Doing so may help prevent career damage and, in some instances, allow the problem to be investigated and resolved. The same week, I read an article written by a labor and employment lawyer who discussed how to avoid retaliation claims in terms of what is said and documented, including other minefields to avoid. Both made legitimate points, but each failed to address what I see as the most important issue.

As I recently wrote, EEOC retaliation claims are on the rise. In fact, through last year, they represented the most frequently filed type of charge alleging illegal conduct. The EEOC and the statutes it enforces are only one source for such claims. Across the federal spectrum, a range of other laws prohibit retaliation, as do many state, local, and other administrative protections. Many of these regulations have enforcement provisions that can lead to massive liability. The pattern is simple: Someone raises a complaint and then alleges they were subsequently punished, with the result being that they suffered harm, potentially serious matters were ignored, and others were dissuaded from coming forward in the future.

“We’ve completed the investigation, and the matter has been resolved.”
“Did you verify what I told you? Has he/she been disciplined? Will this stop? What happens next?”
“All I can tell you is that this has been resolved; if you have further issues, please let us know. We are required to keep our findings and actions confidential. I’m sure you understand.”

The EEOC recently announced that retaliation charges topped the number of claims filed in fiscal year 2009.

The New York Post made its own headlines last week, after being sued by a former employee for a range of blatant, outrageous acts of sex- and race-based discrimination and retaliation.