Workplace sexual harassment can be a rather disheartening experience. People who expect to receive fair treatment based on their job performance may instead endure misconduct from coworkers. They may also find out that their advancement opportunities depend on enduring quid pro quo sexual harassment from a supervisor or manager.
Increased awareness of sexual harassment laws has led to more people feeling comfortable about reporting misconduct on the job. They may advise their employers of how coworkers have created a hostile work environment or how a supervisor has tried to solicit sexual favors in return for career benefits.
Most people expect their employers to support them when they report sexual harassment, but some people end up disappointed. Companies may illegally retaliate against those who report sexual harassment in some cases. Retaliation may be a reason to consider filing a sexual harassment lawsuit.
What constitutes retaliation?
Retaliation is illegal. Companies should not punish workers for engaging in protected activities and asserting their basic rights, including the right to work without enduring harassment. Employer retaliation comes in many forms.
Sometimes, companies find reasons to summarily terminate those who have reported a high-ranking employee for sexual harassment. Other times, management might transfer a worker to a different facility or a less favorable shift after they report the issue.
Retaliation can entail any negative career decisions made in response to a worker reporting sexual harassment. The worker experiencing the harassment should not have any negative consequences for asserting their rights.
Many lawsuits begin with retaliation claims
Employers cannot necessarily prevent individuals from harassing each other, but they can respond appropriately when harassment occurs. They can investigate and punish or re-train a worker engaging in misconduct.
If a company chooses to ignore harassment and punish the person who reports it, that decision may open the company up to a lawsuit. By tacitly permitting harassment, companies may have discriminated against workers and violated their basic rights.
Workers who have to report sexual harassment often benefit from documenting the harassment first and keeping records of their communications with management or human resources. That way, they can prove that the company took punitive steps after they asserted themselves.
Filing a sexual harassment lawsuit after experiencing retaliation can potentially lead to compensation for an affected worker. Companies may also have to change their practices after a worker successfully sues over a case of sexual harassment retaliation.
