When employees report sexual harassment in the workplace, they expect their employer to take the complaint seriously and address the issue. Unfortunately, some may face retaliation instead. Retaliation can occur in many forms, including being demoted, fired, or subjected to unfavorable working conditions as a direct response to reporting the harassment. It is essential to understand that retaliation is illegal, and employees have the right to stand up against it.
1. What is Retaliation?
Retaliation happens when an employer takes adverse action against an employee for engaging in a protected activity, such as reporting sexual harassment. Protected activities include filing a complaint with human resources, testifying or assisting in an investigation, or filing a formal complaint with the Equal Employment Opportunity Commission (EEOC).
Retaliation can manifest in various ways, some of which may not be immediately obvious. For example, it could include:
- Termination: Being fired after reporting harassment.
- Demotion: Being reassigned to a less desirable position or receiving reduced responsibilities.
- Pay cuts: A sudden reduction in salary or denied raises or bonuses.
- Hostile work environment: Experiencing verbal abuse, isolation, or negative changes in workload or shifts.
- Poor performance reviews: Receiving unjustified negative evaluations after filing a complaint.
2. Is Retaliation Illegal?
Yes, retaliation is illegal under federal and state laws. The EEOC enforces laws that protect employees from retaliation in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against an employee for reporting harassment or discrimination. Many state laws, including those in West Virginia, also provide protections against workplace retaliation.
Employers cannot legally punish employees for reporting sexual harassment or participating in an investigation of harassment claims. If an employee experiences retaliation, they can take legal action to defend their rights.
3. How to Identify Retaliation
It’s essential to understand the signs of retaliation to act promptly if it occurs. Some retaliatory actions may be subtle, like being passed over for promotions or receiving new job duties designed to make the employee quit. Here are key warning signs of retaliation:
- Sudden changes in behavior: If your manager’s attitude toward you shifts drastically after filing a complaint, this could be a sign of retaliation.
- Unfair treatment: If you are suddenly held to different standards than your peers or given unrealistic tasks, this could indicate retaliatory behavior.
- Disciplinary actions: New disciplinary measures or warnings that seem unwarranted could be a response to your complaint.
If any of these situations arise after reporting sexual harassment, you may be experiencing retaliation.
4. Steps to Take if You Experience Retaliation
If you suspect retaliation after reporting sexual harassment, taking the following steps can help you protect your rights:
- Document the retaliation: Keep detailed records of any retaliatory actions, including dates, times, and specific incidents. Document any changes in your workload, communication with your supervisor, and any disciplinary measures.
- Report the retaliation: Just as you would report the harassment, inform your HR department or supervisor (if appropriate) about the retaliation. This creates a record of your complaint and shows you are addressing the issue through the proper channels.
- Seek legal assistance: Consulting with an experienced attorney can help you understand your rights and potential courses of action. A lawyer can advise you on filing a claim with the EEOC or pursuing legal action if the retaliation persists.
5. Legal Protections and Remedies
Victims of retaliation can seek remedies through legal avenues. Under federal law, employees can file a retaliation claim with the EEOC, and many state laws, including West Virginia’s, offer additional protections. If retaliation is proven, employees may be entitled to reinstatement to their position, back pay, and compensation for emotional distress.
Fight Back Against Workplace Retaliation: Contact Us for a Free Consultation
Reporting sexual harassment should never result in retaliation. If you believe you're being punished for speaking up, know that legal protections are in place to safeguard your rights. Taking action against retaliation not only defends your dignity but also ensures a safer work environment for everyone.
Reach out to Rod Smith Law PLLC today at (304) 406-7076 to learn more.