Fearing retaliation at work after reporting sexual harassment is a genuine concern. Laws exist to safeguard workers who participate in a protected activity, like filing a sexual harassment report. However, these laws do not always prevent an employer from taking unlawful action. It is vital to understand how to protect against wrongful termination in California before reporting sexual harassment.
Is It Legal to Fire an Employee for Reporting Sexual Harassment in California?
California prohibits retaliatory acts in the workplace for reporting unlawful acts and continually updates its laws to protect workers. California’s most recent modifications to the Equal Pay and Anti-Retaliation Act make filing a retaliation claim easier. Still, concerns over losing your job can prevent you from reporting sexual harassment.
Who Should I Report Workplace Sexual Harassment To?
Your employee handbook should outline the steps to take for reporting sexual harassment. Their guidance may direct you to report harassment to Human Resources (HR). Unfortunately, many employees feel they have experienced repercussions for following the recommended channels for reporting workplace sexual harassment in California.
Human Resources plays a crucial role in protecting a company by ensuring the company’s compliance with labor laws. Sadly, in an unhealthy work environment, these protections may not extend to employees who need help.
HR employees may also fear similar retaliation from an employer for addressing sexual harassment. Because of this, we always recommend speaking with an employment law attorney in California who works for you to protect you against sexual harassment and wrongful termination.
What Are My Rights if I Report Sexual Harassment in the Workplace in California?
You have the right to report sexual harassment without fearing your employer’s reaction. The law also requires employers to take action and correct when sexual harassment occurs. Taking legal action against an employer who fails to address sexual harassment promptly or who fires you for reporting sexual harassment may be possible.
How Can I Protect Myself When Reporting Sexual Harassment at Work?
Documentation is crucial to identifying employer retaliation as well as sexual harassment. Keep a hard copy or a digital copy of your employee handbook on a personal computer in case a firing occurs immediately, preventing access to your work computer.
Write down the incident date, time, witnesses, and details to thoroughly document sexual harassment and employer retaliation. An employment law attorney will review the documentation when explaining your legal rights and determining the strength of your claim.
When Should I File a California Wrongful Termination Complaint?
The time you have to file a complaint and legal action will depend on which governmental agency you choose to file a complaint with. Whether you retain a Right-to-Sue notice and forgo an investigation will also impact how long you have to take the necessary reporting and legal steps. Failing to file an action or complaint within the time limits bars you from receiving the help you deserve.
A San Francisco wrongful termination attorney with our firm can begin the necessary steps for you to ensure your right to file a complaint, the investigative process, and legal action. We also provide the emotional support that many employees feel they lack, which often prevents employees from speaking up when they experience sexual harassment.
Being fired for reporting sexual harassment in the California workplace is unlawful. Not only may you be able to file a sexual harassment claim, but the right to file a wrongful termination claim against an employer may exist, helping you recover financially.