Reporting sexual harassment takes courage. Unfortunately, some employees experience further harassment and retaliation after speaking up. If you believe your employer, supervisor, or coworkers are retaliating against you for reporting sexual harassment, you have legal protections under state and federal laws.
Retaliation is not always obvious. In some cases, it involves termination or demotion. In others, it may appear as subtle changes in job responsibilities, workplace treatment, or advancement opportunities. In this article, our sexual harassment lawyers explain what retaliation looks like and how to protect your rights and your future in the workplace.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee because the employee engaged in a protected activity, such as reporting sexual harassment. Anti-retaliation laws are intended to encourage employees to come forward without fear of punishment.
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-3) prohibits employers from retaliating against employees who report workplace discrimination or harassment.
- California Fair Employment and Housing Act (FEHA) (GOV § 12940) prohibits retaliation against workers who oppose unlawful workplace conduct or participate in related investigations.
Not every workplace issue is retaliation. The key question is whether your employer’s actions were a response to your sexual harassment complaint.
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(916) 500-0000What Are Common Examples of Retaliation After Reporting Sexual Harassment?
Retaliation is not always obvious. Some employers take direct adverse actions, while others engage in conduct that gradually creates a hostile work environment for the reporting employee.
Changes to Your Job Duties or Schedule
Sometimes retaliation isn’t obvious. It can start with changes to your schedule, duties, or day-to-day work. Examples include:
- Reassigning an employee to less desirable shifts
- Reducing work hours
- Removing important responsibilities
- Excluding an employee from projects that affect career advancement
- Transferring an employee to a less favorable position
These changes can affect an employee’s earnings, professional development, and overall workplace experience.
Negative Employment Actions
Some forms of retaliation are more direct and easier to identify. Examples may include:
- Demotion
- Reduction in pay
- Denial of promotions
- Suspension
- Termination
When these actions occur shortly after an employee reports sexual harassment, questions may arise regarding whether the employer’s decision was motivated by the complaint rather than legitimate business considerations.
Hostile Workplace Treatment
Retaliation is not always tied to formal employment decisions. In some cases, employees experience a significant shift in how they are treated at work. Examples may include:
- Increased scrutiny from supervisors
- Unwarranted disciplinary write-ups
- Exclusion from meetings or workplace activities
- Social isolation by coworkers
- Threats, intimidation, or ongoing hostility
Over time, these actions can create an environment that discourages employees from exercising their workplace rights.
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(916) 500-0000 How Can You Tell Whether Your Employer Is Retaliating Against You?
Determining whether retaliation has occurred is not always straightforward. However, certain factors frequently appear in retaliation claims.
Looking at the Timeline
The timing of events can sometimes tell an important part of the story. If your treatment at work changed shortly after you reported harassment, it may be worth taking a closer look at why.
Timing is only part of the story. It’s also important to look at whether anything else changed after you made a complaint.
New Criticism That Wasn’t There Before
In some cases, employees who had no history of performance problems suddenly begin receiving negative reviews or disciplinary write-ups after reporting harassment. Examples include:
- Negative performance reviews without explanation
- New disciplinary issues that were never previously raised
- Increased monitoring of routine work activities
- Documentation of minor mistakes that were previously overlooked
These changes may be relevant when evaluating whether retaliation has occurred.
Inconsistent Explanations From Management
Employers often provide reasons for employment decisions. However, inconsistencies can raise concerns.
For example, an employer might give one reason for a disciplinary action at first, then offer a completely different explanation later. It can also be a red flag if other employees were treated differently for similar conduct.
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(916) 500-0000 What Should You Do Next?
If you think you’re being retaliated against, there are a few things you can do to protect yourself and keep track of what’s happening.
Keep Records of What Happened
If something feels off, start keeping a record of it. Save emails, text messages, and any other documents that may help show what happened and when.
- Emails and written communications
- Text messages
- Performance evaluations
- Disciplinary notices
- Relevant workplace conversations
- Dates and descriptions of significant events
Creating a timeline can help establish when the harassment report occurred and what actions followed.
Follow Internal Reporting Procedures
Many employers have policies for reporting sexual harassment and retaliation. Following those procedures may create a record of your complaints and provide the employer with an opportunity to address the issue.
Whenever possible, submit complaints in writing and retain copies for your records.
Employees who report retaliation may also receive protection under California whistleblower laws, including California LAB § 1102.5, depending on the circumstances involved.
Preserve Employment Records
Employment records can provide valuable information if disputes arise later. Documents worth preserving may include:
- Pay stubs
- Work schedules
- Personnel records
- Employee handbooks
- Benefits information
- Written communications from supervisors or human resources
Maintaining organized records can make it easier to evaluate potential claims and respond to employer allegations.
Can Your Employer Fire You for Reporting Sexual Harassment?
No, your employer cannot fire you for reporting sexual harassment. However, employers may still claim that a termination was based on other workplace issues, which is why the circumstances surrounding the decision matter.
Of course, employers may say they fired someone for a different reason. When that happens, it helps to look at the full situation, including when the termination occurred and whether the explanation makes sense.
How Long Do I Have to Report Workplace Retaliation?
Employees should act promptly if they believe they have experienced retaliation. Various deadlines may apply under federal and state law, and missing those deadlines can affect an individual’s ability to file a lawsuit.
Before filing a lawsuit, you may need to file a complaint with a government agency. The deadline for doing so can vary depending on the type of claim and where it arose.
Waiting too long can also make it more difficult to preserve evidence, identify witnesses, and establish a clear timeline of events. Taking action sooner rather than later can help ensure that important information remains available.
Speak With an Employment Attorney About Workplace Retaliation
If you believe you have experienced workplace retaliation after reporting sexual harassment, Triumph Law can evaluate your situation and explain your legal options. Our team is committed to helping employees protect their rights and pursue appropriate remedies when unlawful workplace conduct occurs.
Contact us today for a free consultation.