Ethicast Episodes

“Managers are in a unique position to see signs of retaliation, and as such they should be on the lookout for adverse actions when one of their employees raises a concern or reports misconduct. Managers can also help prevent retaliation by reiterating this policy against retaliation. Make it clear to all members of the team or function that retaliation is not tolerated and that taking adverse action against an employee that reports misconduct in good faith—even if that report turns out to be unsubstantiated—can result in consequences.” – Erica Salmon Byrne, Executive Chair and Chief Strategy Officer, Ethisphere

All of Ethisphere’s recommendations for policy best practices would apply to an anti-retaliation policy. Write the policy so that all employees understand the company’s position, compliant and non-compliant behaviors are clearly communicated, and that all managers know what to do and not to do in carrying out their role.  

The policy should:  

• Use language that is easy to understand. The language used should be simple and clear, as employees may not be experts in the subject. Avoid overly technical or legal language. 
• Provide examples to illustrate points and define key terms. Give employees guidance that helps them do the right thing. 
• Provide role specific guidance as needed. Expectations for individual contributors may be different from those of people managers. Distinguish between requirements for compliance with the policy based on role. 
• Define consequences for non-compliance with the policy. Consequences for non-compliance could include a range of remediation or disciplinary measures, and clearly stating them enforces the position that the company takes these actions seriously.  
• Be easily findable and accessible, including available in relevant languages, and culturally aligned or localized with the regions in which employees reside. 
• Use active voice to improve clarity when possible. In active voice, the subject of the sentence is performing the action. In passive voice, the action is performed on the subject, or the subject may be omitted entirely. Keep the use of passive voice to no more than 20%. 
• Keep the reading level under grade 14 (a college sophomore) or use a grade level that makes sense for the organization. It should be at or below the average level of education for employees. To lower the grade level, break long sentences into shorter ones, use shorter paragraphs, and include bulleted or numbered lists. 
• Refer to the organization in a consistent manner. Choose one way to refer to the company and stick with it throughout all written standards. This may be “the Company,” “ABC,” “ABC Company,” or something similar. 
• Ensure that the language used aligns with the purpose of the written standard. Use “we” language when discussing shared responsibilities and values, such as, “We all have a responsibility to raise issues of concern in good faith.” Use “you” language when providing actionable guidance, such as, “You should contact your manager, HR, or the Ethics Hotline if you experience or witness retaliation.” 

Communications and training on the anti-retaliation policy 

Training arms employees with the information they need to do their jobs correctly. Communications keep that training and your expectations top of mind. In addition to communication specifically about the anti-retaliation policy, include a reference to the policy in employee communications about your investigations process, especially as part of any guidance or resources you provide to those individuals who report concerns. 

The goal of your training program should be to communicate a zero-tolerance message and to 

make your employees and others aware of three key concepts: 

1. What conduct is prohibited and why. 
2. How they may encounter retaliation. 
3. How to respond if they do. 

Tailor your training. While all employees should receive basic anti-retaliation training, it is important to customize training to individual employees and people managers. 

It is important that managers receive training on anti-retaliation not only to avoid and recognize prohibited actions but to support their employees as well. Managers are a valuable resource for ethics and compliance. They can help reinforce messages and policies and be a resource for those who want to raise a concern or ask a question. 

Business Ethics Leadership Alliance (BELA) Member Template Example  

BELA Members have exclusive access to Ethisphere’s library of sample policies and resources across programmatic elements and areas detailed in the DOJ’s ECCP guidance. Check out this excerpt from our model Anti-Retaliation Policy, and request guest access to the BELA Member Hub to see others.