Employers can position their organizations to proactively address potential litigation claims by employees by ensuring they have well-written policies regarding expectations for a respectful workplace and by providing a process for reporting and investigating claims. Investigations should be performed in a timely manner. If necessary actions are determine, those actions should be timely. In addition, an employee handbook should include non-retaliation language for specifically reporting a concern or participating in an investigation. 

On April 11, 2022, I reported on a specific case related to a trucking company that was fined by the Occupational Safety Health and Administration (OSHA) for retaliating against two staff who had complained of feeling too sick or fatigued to drive safely. 

Potential regulations under which an employee may report concerns which also contain anti-retaliation provisions, include but are not limited to, the New Mexico Human Rights Act, Title VII of the Civil Rights Act, the federal and state OSHA regulations, the State of New Mexico Workers’ Compensation Act, the New Mexico Healthy Workplaces Act, the federal Family Medical Leave Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act etc.

If you do not have any of these policies or an employee handbook that addresses these items, consider contacting Southwestern HR Consulting today!

Written by | Magdalena Vigil-Tullar

HR Consultant | MBA, SPHR, SHRM-SCP, CLRP

Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191