Retaliation is not tolerated by CCBC and is considered unlawful when it involves punishing job applicants or employees who assert their rights to be free from employment discrimination, including harassment. However, it is a common question as to what constitutes retaliation. It is important to note that employees are still subject to discipline or termination where “the action is motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences,” according to the EEOC.
Actions can be considered retaliatory, if they are taken against employees or applicants for:
- Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.
- Communicating with a supervisor or manager about employment discrimination, including harassment.
- Answering questions during an employer investigation of alleged harassment.
- Refusing to follow orders that would result in discrimination.
- Resisting sexual advances, or intervening to protect others.
- Requesting accommodation of a disability or for a religious practice.
- Asking managers or co-workers about salary information to uncover potentially discriminatory wages.
Retaliation or attempted retaliation is a violation of CCBC policy and no penalty may be imposed on an employee as punishment for the following:
Retaliation against any employee who has filed a complaint or against any witness questioned during an investigation is strictly prohibited, as is any retaliatory action by instructors, supervisors, managers, academic professionals, administrators or other employees who have the authority to take adverse action, up to and including dismissal. Any employee who feels they have been subjected to such actions should report it to their supervisor or directly to Human Resources.
Likewise, any employee who knowingly provides false information pursuant to an investigation of harassment, or is found to have knowingly made a false accusation of sexual harassment or retaliation, will be subject to appropriate disciplinary action, up to and including dismissal.