Retaliation After Filing a Sexual Harassment Complaint: What You Need to Know
On behalf of Rager Law Firm posted on March 02, 2018
In the wake of the ongoing Hollywood sex scandal that shed light on some of the most disgusting cases of sexual harassment, abuse and assault in workplaces across many industries in the U.S., an increasing number of female employees are coming forward to report sexual harassment at work.
But it’s not that simple. Even though the sexual harassment scandal involving Harvey Weinstein, Kevin Spacey, Matt Lauer, James Franco, and dozens of other famous and powerful men, spurred a national conversation about sexual harassment in the workplace, it has done little to solve the same old problem: retaliation.
While lawmakers are mulling over ways to make it safer for female employees to report sexual harassment at work without having to fear retaliation, Los Angeles sexual harassment attorney remain the only ones who can protect victims of groping, inappropriate behavior, unsolicited touching, unwanted sexual advances at work and other forms of harassment, from retaliation.
And it’s not like the fear of retaliation and retribution aren’t legitimate. In fact, a study found that 75 percent of workplace harassment victims experienced retaliation when they reported misconduct.
Why do employees fear retaliation so much?
The fear of retaliation is the only thing keeping millions of women facing unsolicited sexual advances – written, verbal and physical – at work across the United States every single day from going public and bringing their gropers, abusers, harassers, and predators to justice.
After all, it’s only natural to be afraid of getting terminated, losing paychecks, being denied career progression, or worse, facing physical retaliation or violence after reporting a sexual harassment incident in the workplace.
Even though employers are legally prohibited from retaliating against employees who come forward with harassment claims, it’s not like they could care any less. The situation reminds the situation with sexual harassment: it is prohibited by law, yet tens or hundreds of thousands of employers across our nation harass their workers.
What counts as retaliation?
Even though there are laws that protect a victim of sexual harassment from facing any adverse actions after filing a harassment claim, it is still not enough to alleviate an employee’s fear of retaliation.
That’s why the best way to avoid retaliation after reporting harassment in the workplace is to be legally represented by a Los Angeles sexual harassment attorney.
But what counts as retaliation? Our lawyers at Rager Offices Law explain that firing, demotion, harassment, pay cuts, unjustified negative job review or performance evaluation, and other adverse employment actions are considered retaliation against an employee in Los Angeles and elsewhere in California.
Who is protected from retaliation?
If you’re represented by an attorney, you are protected from retaliation not only when you file a sexual harassment complaint with the HR department or the Equal Employment Opportunity Commission (EEOC), but also when assisting with a sexual harassment investigation and acting either as the victim or witness.
So it’s not only the victim of sexual harassment who is protected against retaliation after speaking up, but also individuals – typically, coworkers and colleagues – who witnessed the illegal conduct and are prepared to testify against the employer.
It’s never recommended to report sexual harassment in the workplace on your own. You need a top lawyer by your side. Our attorneys here at Rager Offices Law will guide you through the process of filing a claim and fighting for compensation. But above all, we are here to protect you from retaliation and retribution.
When you’re legally represented, time is really up, and you can finally say “ME TOO” without having to fear retaliation. Call our attorneys at 310-527-6994 or fill out this contact form to get a free consultation today.