What are the common forms of retaliation following a sexual harassment complaint?

Sexual harassment is a form of discrimination prohibited by law and therefore a worker who is subjected to this type of harassment can sue his or her employee for damages. What many workers do not know is that the law that prohibits harassment also protects them from retaliatory steps that an employer may take against employees who complain to the Equal Employment Opportunities Commission (EEOC) and Los Angeles, CA sexual harassment lawyers love to emphasize this in public or in private – no problem there.

Definition of Retaliation

Employees who report sexual harassment incidents to the EEOC can face several forms of retaliation, which includes termination and demotion. Other than that the complainant can be transferred to a different department or to a different location altogether, not given proper increments, subjected to poor appraisals or are forced to undertake difficult assignments routinely.

The FBI is known to do this in some cases – hopefully not for sexual harassment. You can end up working in the middle of nowhere if you work for the FBI and you upset the wrong person or do the wrong thing.

Sexual harassment attorneys in California know that in many cases it is difficult to know when an employee actually faces retaliation. If a person is fired immediately after a complaint then retaliation could be obvious but a change of shift does not construe retaliation unless your employer knew that you have parental duties and that any change would disrupt your schedule with your kids.

This would not bother Det. McNulty that much though from The Wire as seen in season 5 – he does not care about his own children – he would rather get drunk! If your employer knew that you were the coach of your daughter’s soccer team and you made a complaint regarding sexual harassment and they all of a sudden changed your hours so you can no longer coach since you would miss practices, that is an outright and cruel retaliation. You have a strong case now!

When is an employer prevented from retaliation?

An employer cannot take any unfavorable job-related action against employees who have submitted sexual harassment complaints with the EEOC or internally. Even when the allegations are not true the employer cannot take any retaliatory measures.

Witnesses who give evidence in EEOC investigations are also protected. Furthermore, employees who testify in internal investigations conducted by the management must not face any type of adverse job actions. The federal law also protects ‘whistleblowers’ i.e. people who reveal illegal practices indulged by a company to government agencies and Los Angeles, CA sexual harassment lawyers have seen this too. Hillary Clinton’s email scandal and worrisome practices would not have come to light without whistleblowers and investigations.  

What are the telltale signs of retaliation?

If your supervisor has changed his demeanor towards you by behaving professionally and not in the usual friendly manner, it may be because you have brought a harassment charge against him/her. This cannot be construed as retaliation. However, if you are demoted or sacked or purposefully left out of company events or meetings then this can be deemed as an adverse action.

If your department is invited to watch Transformers 5 and everyone is bought Red Vines and you are left behind, that could be a sign!

What steps can you take if you are retaliated against?

Often employers take certain actions without realizing that those actions can be construed as retaliation if they are taken just after a complaint. It is better to speak with your supervisor and tell him/her that you suspect retaliation. If he/she gives a reasonable explanation for the action then you have nothing to complain about. But if they refuse to provide an explanation and pay no heed to your concerns then it may be time to involve an EEOC representative.

How to build a case?

This first thing is to provide evidence to prove that there is a clear link between the complaint and the adverse steps taken by your employer against you. For example, if your employer has praised you before the complaint but provided you with a dismal increment citing low performance after you reported the incident, you can show EEOC emails from your manager acknowledging a fine performance.

If you believe that you are being retaliated against following a sexual harassment or discrimination complaint, it would be wise to reach out to a sexual harassment lawyer in Southern California to evaluate your case. Your legal counselor will guide you on what legal steps you need to take to file an EEOC complaint and how you can protect yourself in the event of a lawsuit.

This is fantastic information but first thing is first, how do you find that spirited and sensational legal help? Go right here: Sexual-Harassment-USAttorneys. You can contact us too!