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Retaliation

Retaliation is strictly prohibited at William & Mary. The university takes strong action to protect individuals from retaliation and to address any retaliatory behavior that occurs. Retaliation is adverse action taken against a person for engaging in protected activity.

Examples of adverse action include:
  • Termination;
  • Denial of a promotion;
  • Lowering a grade;
  • Unjustified negative performance evaluations;
  • Increased supervision or scrutiny;
  • Sudden enforcement of previously unenforced policies;
  • Exclusion from activities or privileges open to others;
  • Transfer the employee to a less desirable position;
  • engage in verbal or physical abuse;
  • Threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police)
A person engages in a protected activity when he or she opposes, reports or complains about discrimination, such as by reporting harassment or other misconduct. Adverse action against an employee or student based on their relationship or association with another person who engages in protected activity is also prohibited retaliation.  
Engaging in protected activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences.  However, an employer is not allowed to do anything in response to protected activity that would discourage someone from resisting or complaining about future discrimination.
 
Retaliation Resources:
Memo to Managers
EEOC Guidance on Retaliation
Questions & Answers:  Enforcement Guidance on Retaliation and Related Issues