Many California workers describe experiences of sexual harassment and retaliation in the workplace. Unfortunately, these may go hand in hand in many cases. State and federal laws protect workers from sexual harassment and retaliation when they report it. If you have experienced unwarranted negative employment action after reporting sexual harassment, it may be time to consult a San Francisco workplace retaliation lawyer. The Armstrong Law Firm can support you in fighting this unfair and illegal treatment.
Sexual Harassment in the Workplace
Sexual harassment can take many forms. The California Civil Rights Department identifies sexual harassment in the workplace in two categories, including “quid pro quo,” where an employee is offered some kind of professional benefit in exchange for sexual favors, and “hostile work environment,” which means that enduring the harassment has become a condition of keeping your position or job.
Sexual harassment can be posting inappropriate posters or images, repeated unwanted sexual advances, leering, crude jokes, or unwanted physical touch, including impeding or blocking your movement. You have the right to work in an environment free from this behavior. Though many people have concerns about whether they can trust their Human Resources Department, reporting your concerns there is often the first step, although it’s probably better to consult with an attorney first to guide you through the process. Employers are also strictly or automatically liable for sexual harassment by supervisors so you may be entitled to monetary damages.
Sexual Harassment Retaliation
As a California worker, you have the right to a workplace free from harassment and the right to engage in legally protected activities, such as reporting harassment. People generally do not appreciate being called out regarding their poor behavior, leading them to retaliate against those who report it. This is also illegal, and identifying the signs of retaliation is important to protecting your rights.
When the offender was a supervisor or superior, sexual harassment retaliation may look like:
- An unexpectedly poor performance review
- Sudden disciplinary action for things that were not previously addressed or those for which others are not reprimanded
- Demotion or termination without cause
- Sudden micromanagement
- Denied training or promotion opportunities
Retaliation can be insidious, as it may not be immediately apparent, but becomes more noticeable after several instances. Many may think that you only have a case if you face termination, but you often have more options than you may think.
Addressing Sexual Harassment Retaliation
If you are concerned you might be facing retaliation after reporting sexual harassment against yourself or anyone else, know that you have rights. If your workplace is not supporting you in rectifying the issue, you have additional recourse. If you choose to take legal action, your case may be able to be resolved prelitigation without filing a lawsuit. It is often a good idea to consult with an attorney to advise you what steps to take to best protect your interests.
You may file a report with state and federal governing and civil rights bodies. These complaints through the California Civil Rights Department or the EEOC may result in an investigation and damages against your employer. However, it is often best to be represented by a private attorney..
You may benefit from consulting with an employment law attorney at any point in the process. They may provide guidance regarding the next best steps for your situation and help you build a case against your employer if you choose to file a lawsuit to recover damages. You have rights in situations of sexual harassment retaliation, and deserve to fight for them.