Final answer:
Workplace retaliation occurs when adverse action is taken against an employee for exercising their legal rights, such as reassigning a technician to physically difficult duties after a complaint. Legitimate workplace discipline, such as attending standard meetings or performance reviews, is not retaliation. Understanding the difference between these is crucial for both employers and employees. The correct answer is option 1) The supervisor reassigns the technician from bench work to physically difficult duties.
Step-by-step explanation:
Workplace retaliation is a serious concern and involves an employer taking adverse action against an employee for exercising their rights under the law. In the scenario presented, if a technician in a diagnostic lab files a complaint with HR accusing a supervisor of selectively enforcing policies, any action that could be seen as punishing the technician for filing that complaint might constitute retaliation. For instance, if the supervisor reassigns the technician from their usual bench work to physically difficult duties without a legitimate reason, this could be seen as an act of retaliation, especially if it occurs after a complaint has been registered against the supervisor.
According to the Occupational Safety and Health Administration (OSHA), workers have rights to report hazardous workplace conditions without fear of retaliation. Employers are prohibited from discriminating against workers for using their OSHA rights, such as filing a complaint or participating in an inspection. This supports workers in maintaining a safe and healthy workplace environment, preventing scenarios like the serious hazards highlighted in the Firestone/Ford tire controversy, where cost-cutting measures led to significant workplace and public harm.
It is important to note that requiring the technician to attend a dispute resolution meeting or conducting a scheduled performance review does not necessarily constitute retaliation. These actions may be part of standard procedures. However, if the technician physically attacks the supervisor and is then discharged, the termination would be a consequence of the violence, not retaliation for the complaint lodged. It's imperative that employers and employees understand the difference between legitimate workplace discipline and unlawful retaliation.