Sexual harassment in the workplace is a serious violation of employee rights. Unfortunately, even after an employee steps forward to report harassment, some may face retaliation from their employer or colleagues. Retaliation can take many forms, from demotions to hostile work environments, and it is illegal under both state and federal laws.
Understanding your legal options after experiencing retaliation is essential to protecting your rights. Contact PLBH at (800) 435-7542 if you have been the victim of retaliation after a sexual harassment claim.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee who has reported sexual harassment or participated in an investigation. Retaliation can include actions such as:
- Demotions or termination
- Unjust disciplinary actions
- Negative performance reviews without cause
- Reduction in hours or pay
- Exclusion from projects or promotions
- Harassment or hostility from supervisors or coworkers
These retaliatory actions are meant to punish the employee for speaking up, but they are illegal under the law.
Recognizing Retaliation
Sometimes, retaliation can be subtle or disguised as legitimate business decisions. For instance, if an employer suddenly starts giving you poor performance reviews after you file a harassment claim, it could be a sign of retaliation. It’s important to document any changes in your work environment or treatment following your claim to help build a case.
Legal Protections Against Retaliation
California and federal laws provide strong protections for employees who report sexual harassment and face retaliation. Under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, it is illegal for employers to retaliate against employees who:
- File a sexual harassment claim
- Cooperate in an investigation of sexual harassment
- Oppose discriminatory practices in the workplace
These laws protect employees from any adverse actions that could affect their job status, pay, or work environment due to their involvement in a sexual harassment case.
Filing a Retaliation Claim
If you experience retaliation after reporting sexual harassment, you have the right to file a retaliation claim against your employer. This process involves several steps:
- Document the Retaliation: Keep records of any changes in your employment situation, including emails, performance reviews, or witness statements that support your claim.
- File a Complaint: You may need to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Both agencies will investigate your claim.
- Consider Legal Action: If the situation is not resolved through the DFEH or EEOC, you may be able to file a lawsuit against your employer for damages related to retaliation.
Compensation for Retaliation Victims
Employees who face retaliation after filing a sexual harassment claim may be entitled to compensation for damages. This compensation can cover:
- Lost wages or benefits
- Emotional distress
- Legal fees and court costs
- Punitive damages in some cases
Working with an attorney can help ensure that you receive the full compensation you deserve for the harm caused by retaliation.
How a Lawyer Can Help
Retaliation claims can be complex, especially when dealing with large companies or navigating the legal process. Seeking the guidance of an experienced employment attorney can help you understand your options and protect your rights. A lawyer can:
- Evaluate the strength of your case
- Help gather evidence of retaliation
- Guide you through the complaint process
- Represent you in negotiations or court
Having legal representation can also help you feel more secure in your job, knowing that your rights are being protected.
Contact PLBH for Help with Your Retaliation Claim
If you have experienced retaliation after reporting sexual harassment, you don’t have to face it alone. The attorneys at PLBH are dedicated to defending the rights of employees and holding employers accountable for illegal actions. We understand the emotional and financial toll retaliation can take, and we’re here to help you seek justice.
Call (800) 435-7542 today to schedule a consultation and discuss your legal options for pursuing a retaliation claim.