Although retaliation is the most frequently filed workplace discrimination charge, many organizations—about a third—don’t have an anti-retaliation policy in place. They are more likely to say they have a policy in place for harassment and discrimination (91%), code of conduct (88%), performance management (80%), and workplace violence (78%). Moreover, among those who say their organization has an anti-retaliation policy, only 57% say they provide training to all employees about retaliation. Comparatively, 81% of those at an organization with an anti-harassment and discrimination policy say they provide training about the policy
Respondents identified whether 14 separate actions, if taken as a result of an employee reporting misconduct, could be considered retaliatory. Only a minority of respondents (39%) say that all 14 actions could be perceived as retaliatory. Blatant actions such as termination (80%) or hostile treatment (78%) are most frequently identified as retaliatory. However, gaps mainly exist around more subtle actions, such as a change of benefits (57%) or change of work location (64%). Even though all of these may not be illegal, employees very often perceive these actions as retaliatory, which can lead to legal claims, costs, and damage to workplace culture.
The survey asked respondents which employees are on the receiving end of retaliation most often, and results show that certain groups of employees tend to be retaliated against more than others. The majority of respondents say that the person on the receiving end of retaliation is sometimes or often: ● a low-performing employee (63%) ● a woman (62%) ● an individual contributor (55%) Other employees are retaliated against less often, but they are still susceptible to it. Indeed, more than a third of respondents say the person being retaliated against is a high-performing employee (36%), a man (47%), or a supervisor/manager (38%).8 The survey also asked respondents how often different types of employees are the ones retaliating. The majority (60%) says the employee retaliating is sometimes or often the reporter’s immediate supervisor, and many (46%) say the same about a leader inside the reporter’s chain of command, but not the reporter's immediate supervisor. About half (51%) say it is a peer-level colleague to the reporter. Employees retaliating against a supervisor is not as common, but more than a third (35%) say it still occurs sometimes or often.