Unintentional Retaliation ???
I submitted a question the other day and it was not completly answered. My specific question is, Can Retaliation be unintentional? The audit report says the the actions were retaliation. The report goes on to say the actions of the section manager, me, were unintentional.
Retaliation by definition is a reason or motive for an action not a word to describe an action after the fact.
Can you be a little more specific.
Also, the EEOC does have a set of guidelines for investigating and proving a claim of retaliation.
Answers (1)
Retaliation Requires Intent
I believe I answer this issue in my last response: By definition, a claim of retaliation requires proof of intent. But proof does not have to be direct proof (that is, you don't need the actor to say it was intentional). Circumstantial evidence can be used to prove intent. Also, an employer's audit or investigative finding do not bind the employee claiming retaliation. Thus, even though an audit says it was unintentional, the employee does not have to believe it, and, unfortunately, when employer investigate claims of discrimination or retaliation, some of them have a tendency of skirting the issue by finding either it did not happen or was not intentional.
posted by David M. Lira | Jun 6, 2001 12:32 PM [EST]
I believe I answer this issue in my last response: By definition, a claim of retaliation requires proof of intent. But proof does not have to be direct proof (that is, you don't need the actor to say it was intentional). Circumstantial evidence can be used to prove intent. Also, an employer's audit or investigative finding do not bind the employee claiming retaliation. Thus, even though an audit says it was unintentional, the employee does not have to believe it, and, unfortunately, when employer investigate claims of discrimination or retaliation, some of them have a tendency of skirting the issue by finding either it did not happen or was not intentional.
posted by David M. Lira | Jun 6, 2001 12:32 PM [EST]
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