On March 22, 2011, the Supreme Court ruled that written and oral complaints are valid under the Anti- Retaliation Provision of the Fair Labor Standards Act. (See Kasten v. Saint-Gobain Performance Plastics Corp.) It was held that “the scope of statutory term “filed any complaint” includes oral, as well as written, complaints.”
“While the written complaint is clear, the oral complaint must also be “sufficiently” clear and detailed for an employer to understand it. Therefore, the content of the complaint and the context of the complaint, even oral complaints, must be clear enough to the receiving party; and such oral complaints are protected activities under Title VII.” Please bear in mind that as with a written complaint, an oral complaint becomes an actionable item and Human Resources must respond to it.
How does a retaliation case happen?
1. An employee complains about his/her civil rights under Title VII; remember; now oral complaints are valid.
2. His / her employment status is negatively impacted by a demotion, transfer, layoff, or termination.
3. With the adverse employment action, there is now a potential for a retaliation charge.
Be aware that courts have ruled that the "anti-retaliation" FLSA provisions are designed "to foster an environment in which employees are unfettered in their decision to voice grievances without fear of economic retaliation or reprisal.”
This statute applies to a wide variety of employer, retaliatory, actions beyond a simple termination case. Actions such as assigning employees to unpopular job duties or shifts, giving poor performance evaluations, less than standard or no pay raise, disciplinary actions out of proportion to standard and historical disciplinary practices, reduced job responsibilities, etc.
As an employer, ensure employees are trained properly with respect to handling employee complaints as well as the investigation procedures to promptly address any complaints. And no less important, review your policies!
“While the written complaint is clear, the oral complaint must also be “sufficiently” clear and detailed for an employer to understand it. Therefore, the content of the complaint and the context of the complaint, even oral complaints, must be clear enough to the receiving party; and such oral complaints are protected activities under Title VII.” Please bear in mind that as with a written complaint, an oral complaint becomes an actionable item and Human Resources must respond to it.
How does a retaliation case happen?
1. An employee complains about his/her civil rights under Title VII; remember; now oral complaints are valid.
2. His / her employment status is negatively impacted by a demotion, transfer, layoff, or termination.
3. With the adverse employment action, there is now a potential for a retaliation charge.
Be aware that courts have ruled that the "anti-retaliation" FLSA provisions are designed "to foster an environment in which employees are unfettered in their decision to voice grievances without fear of economic retaliation or reprisal.”
This statute applies to a wide variety of employer, retaliatory, actions beyond a simple termination case. Actions such as assigning employees to unpopular job duties or shifts, giving poor performance evaluations, less than standard or no pay raise, disciplinary actions out of proportion to standard and historical disciplinary practices, reduced job responsibilities, etc.
As an employer, ensure employees are trained properly with respect to handling employee complaints as well as the investigation procedures to promptly address any complaints. And no less important, review your policies!
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