It is understandable to worry about retaliation, especially termination when you are considering filing a sexual harassment claim. There is an expected fear of facing negative consequences if you choose to stand up against misconduct. However, federal and state laws protect you from retaliation, even if you have filed a claim or participated in an investigation.
Most employers cannot legally punish you for filing a sexual harassment complaint under Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act. It includes actions like:
- Being dismissed.
- Forced demotion.
- Cuts to a salary or any other form of punishment targeted at you for trying to fight for your rights.
These protections are in place to protect you from losing your job or experiencing any other discriminatory action because of reporting harassment.
If your employer retaliates after you have filed a sexual harassment claim, you have legal recourse. You can then file a retaliation claim. You must document everything carefully, including dates, communications, and what your employer did or failed to do that might be construed as retaliation.
Even more importantly, if you suspect you are being retaliated against, you should immediately inform your employer. Many companies have policies and procedures to handle complaints. You can also complain to the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. They will investigate retaliation claims and can act against employers who break the law.
If you need help with what to do or how to do it, a sexual harassment attorney, familiar with employment law can help you immensely.
