What Is Retaliatory Conduct?

12/6/2025

"Retaliatory Conduct" generally can be defined as actions against an employee, such as termination, demotion, or loss of pay. This type of action often requires an workplace / internal investigation.

While a manager who gives a poor performance review or inconvenient work hours to an employee who complains about the manager to HR could be deemed as retaliatory, exactly what constitutes retaliatory conduct within the context of an investigation is still far from clear.

Further, depending on the jurisdiction, isolating an employee as part of an investigation, or restricting or reassigning the employee pending completion of the investigation, also could be considered retaliatory.

Therefore, it is essential that investigators and HR professionals discuss, during investigations, the best course of action to avoid the appearance of retaliating.

This is typical during the initial complaint stage, such as a female employee claiming that her supervisor sexually harassed her. A swift move to temporarily transfer the employee, perhaps to a less desirable work shift or department, could be deemed as retaliation for having brought forth a complaint.