Reporting sexual harassment at work is never easy—but it’s a protected right under California and federal law. Unfortunately, some employers respond with retaliation, punishing the employee who spoke up instead of addressing the wrongdoing.
If you’ve been demoted, isolated, fired, or otherwise mistreated after reporting harassment, you may be experiencing unlawful retaliation. At PLBH, we help employees recognize the signs, understand their rights, and take legal action when necessary.
What Is Retaliation in the Workplace?
Retaliation occurs when an employer takes negative action against an employee because they engaged in a legally protected activity—such as reporting sexual harassment, participating in an investigation, or supporting a co-worker’s complaint.
Even if the original harassment complaint isn’t proven, retaliation is still illegal if you made the report in good faith.
Common Forms of Retaliation After Reporting Sexual Harassment
Retaliation can take many forms, and some are more subtle than others. If you’re being treated differently after filing a complaint, it’s important to pay attention to changes in your work environment and duties.
Examples of Retaliatory Behavior
- Termination or demotion shortly after filing a complaint
- Reduction in hours, shifts, or job responsibilities
- Negative performance reviews that were previously positive
- Reassignment to undesirable or isolated work locations
- Exclusion from meetings, training, or projects
- Increased scrutiny or micromanagement
- Verbal threats, hostility, or workplace gossip
Retaliation may come from a manager, HR representative, or even coworkers—especially if leadership fails to step in.
Legal Protections Against Retaliation
Both federal and California state laws protect workers from retaliation in the workplace.
Key Legal Protections
- Title VII of the Civil Rights Act: Prohibits retaliation for reporting sexual harassment or participating in an investigation.
- California Fair Employment and Housing Act (FEHA): Offers even broader protections and covers employers with five or more employees.
- California Labor Code Section 1102.5: Protects employees who report illegal activity or violations of public policy.
These laws apply to both private and public sector employees and protect you whether you’re a full-time, part-time, temporary, or contract worker.
What to Do If You Suspect Retaliation
If you believe you’re being retaliated against after reporting sexual harassment, it’s important to act quickly to protect your rights and build your case.
Steps to Take
- Document everything: Keep written records of changes in your job duties, performance evaluations, communications, and any retaliatory behavior.
- Save emails, texts, and notes: These can help show a pattern of treatment before and after the complaint.
- Request clarification: If you’re disciplined or demoted, ask for the reason in writing.
- Avoid quitting prematurely: In many cases, quitting may complicate a potential legal claim—speak with an attorney first.
- Contact a workplace retaliation attorney: Legal guidance can help you navigate the situation and determine the best course of action.
When to Take Legal Action
You may have grounds for a legal claim if:
- Your employer retaliated against you after you made a harassment complaint
- The retaliation caused harm (lost wages, emotional distress, career damage)
- You reported the behavior in good faith
- The employer failed to investigate the harassment or properly address your complaint
A successful retaliation claim may result in reinstatement, back pay, compensatory damages, and attorney’s fees. In some cases, punitive damages may also be awarded.
You Don’t Have to Fight This Alone
Standing up against workplace harassment takes courage—but it shouldn’t cost you your job, your dignity, or your peace of mind. If you’re facing retaliation for doing the right thing, the law is on your side.
At PLBH, we stand with employees who have been mistreated for speaking up. Call PLBH at (800) 435-7542 to schedule a free consultation. We’ll help you hold your employer accountable and fight for the justice you deserve.