Hoosier Banker 23 HUMAN RESOURCES Although Gracia is a clear case of retaliation, employers should be mindful that retaliation does not have to be intentional. Even actions that are taken with the best of intention may be viewed as retaliatory. As an example: A female teller complains of sexual harassment by her branch manager and is transferred to a different branch, farther from her home, so that she and the manager no longer work together. If the teller did not consent to the transfer, the transfer may be viewed as retaliatory. Any change in the complaining employee’s duties, compensation, or other terms and conditions of employment during the time soon after the employee complains could be characterized as a retaliatory adverse action. Employers can take other steps to minimize the risk of retaliation claims. Employers should have a clear policy CHICAGO INDIANAPOLIS ST. LOUIS MILWAUKEE A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs LARRY TOMLIN | STEPHEN STITLE | JOHN TANSELLE | DEBRA MASTRIAN ANDREW PODGORNY | MARTHA LEHMAN | MARK WENZEL prohibiting retaliation and should ensure that their employees, including executives, managers and HR representatives, are aware of the policy and law of retaliation.2 The policy should include a reporting procedure that an employee, who feels he or she has been retaliated against, is expected to follow. Complaints of retaliation should be taken seriously and should be investigated promptly. The investigation needs to be documented, with valid reasoning for any actions taken. HB 1 Charge statistics from the EEOC show that, in the past decade, retaliation claims have continuously increased. In 2015 retaliation claims accounted for 44.5 percent of the total charges. 2 -R %YKYWX XLI ))3' MWWYIH MXW ƤREP Ű)RJSVGIQIRX Guidance on Retaliation and Related Issues.” The guidance contains suggested “promising practices” to help reduce the risk of retaliation, which include some of the steps mentioned above. In addition to the above steps, the EEOC suggests proactively following up with employees, managers and witnesses while an EEO matter is pending to see if there are any concerns about perceived retaliation. Terry Buhler has joined Bankers’ Bank, Madison, Wisconsin, as first vice president, mortgage department. He has more than 30 years of experience in the mortgage industry, including 20 years of experience in residential mortgages in Madison. Matthew Sitkowski has joined Bankers’ Bank, Madison, Wisconsin, as executive vice president and chief financial officer. He has extensive experience in community banking, most recently serving as executive vice president and chief financial officer for a Chicago-area bank. HB ASSOCIATE MEMBERS’ CORNER
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