0116 Policy Against Retalliation

POLICY AGAINST RETALIATION

The District is committed to a work environment that is free from retaliation and where employees can raise questions or concerns without fear of retaliation. The District strictly prohibits and does not tolerate unlawful retaliation against any current employee, applicant for employment, or former employee who participates in or opposes any activity protected by applicable law. Retaliation occurs when a materially adverse action is taken against an employee because the employee engaged in protected activity.

 

Examples of Protected Activity May Include:

• Filing a complaint or testifying or providing an affidavit in support of a co-worker who has filed a discrimination complaint with the Equal Employment Opportunity Commission, the New York State Division of Human Rights or pursuant to Board Policy.
   
• Participating in an investigation into allegations of harassment or discrimination.
   
• Requesting an accommodation pursuant to the Americans with Disabilities Act or the New York State Human Rights Law.
   
• Requesting or taking leave pursuant to the Family and Medical Leave Act.

 

Examples of Materially Adverse Actions May Include:

• Transfer to less prestigious or desirable work or work locations or threatening reassignment.
• Demotion.
• Work-related threats, warnings or reprimands.
• Negative or lowered evaluations.
• Filing a civil action.
• Making false reports to government authorities or in the media.
• Removing supervisory responsibilities.
• Scrutinizing work or attendance more closely than that of other employees, without justification.
• Engaging in abusive verbal or physical behavior that is reasonably likely to deter protected activity, even if it is not yet “severe or pervasive” as required for a hostile work environment.
• Taking action against a family member or close friend in order to retaliate against the employee.
• Other conduct that is likely to deter a reasonable person from engaging in protected activity.

Retaliation is prohibited even if the employee’s underlying complaint is not confirmed following an investigation. However, employees are not exempt from the consequences of their own misconduct or inadequate performance. This policy does not prevent the District from managing employee performance and addressing conduct issues after an employee has engaged in protected activity, so long as the protected activity is not the reason for the performance management.

Actions to Reduce Chances of Actual or Perceived Retaliation

When an employee makes a complaint of discrimination, the complainant and the accused, as well as anyone else who participates in the investigation process, will be reminded of the District’s zero tolerance policy for retaliation. Supervisors alleged to have been engaged in discrimination or harassment will be reminded to put aside any personal feelings about the allegations when carrying out management duties or interacting in the workplace.

Supervisors are encouraged to consult with the Human Resources Department before taking any action involving an employee who has lodged a discrimination or harassment complaint against them, so that the proposed action can be reviewed to insure that it is based on legitimate, non-retaliatory reasons.

The Human Resources Department will follow up with employees, supervisors and witnesses during and after an investigation to ensure that there are no concerns regarding potential or perceived retaliation.

 

Complaint Procedure

If you believe that you have been subjected to any conduct that violates this Policy or applicable law, as soon as possible after the conduct occurs you should report it to your supervisor, or if the conduct involves your supervisor, you should report it to the Human Resources Department. Upon receipt of a complaint, the supervisor with whom the complaint is filed will promptly report it to the Human Resources Department. Any supervisor who observes retaliatory conduct must report the conduct to the Human Resources Department. Any conduct that involves the Human Resources Department may be reported to the Superintendent of Schools.

The complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. The District will conduct a thorough, prompt and impartial investigation of the complaint and will take prompt corrective action, if appropriate.

The Human Resources Department may be contacted at (631) 434-2331, 52 Third Ave., Brentwood, New York 11717. The Superintendent may be contacted at (631) 434-2325, 52 Third Ave., Brentwood, New York 11717.

Employees and applicants also have the right to file a complaint of retaliation with the following agencies. Please check directly with these agencies for the time limits and the proper procedures for filing with them:

Corrective Action/Discipline

Any employee who is determined to have engaged in retaliation in violation of this Policy will be subject to discipline, up to and including termination of employment.

 

Adopted by the Board of Education: 12/14/17
Revision approved by the Board of Education: 11/16/23

 

Download the Policy Against Retalliation PDF