Can my employer retaliate against me for filing a sexual harassment claim?
Under California law, employers are not allowed to retaliate against employees who file a sexual harassment claim or report sexual harassment in the workplace. Retaliation is illegal even if the sexual harassment claim ultimately fails or the employee is unable to show that harassment occurred. An employee who participates in a sexual harassment investigation or appears as a witness in another worker’s lawsuit is also protected from retaliation.
Retaliation occurs when an employer subjects an employee to negative treatment as “revenge” for filing a complaint or reporting sexual harassment in good faith. While retaliation can take many forms, some examples include giving a worker a bad performance review or cutting their work hours.
Unfortunately, many employees avoid speaking up about sexual harassment out of fear that reporting it will have a negative impact on their employment. If you have experienced retaliation for complaining about sexual harassment in the workplace, discuss your situation with an experienced employment law attorney. Erlich Law Firm can advise you of your legal rights.
Other Sexual Harassment FAQs:
- Can I file a sexual harassment claim against my employer if I was harassed outside of the workplace?
- Can I file a sexual harassment claim even if there were no witnesses?
- Can my employer fire me if I complain about sexual harassment?
- Can my employer retaliate against me for filing a sexual harassment claim?
- Can sexual harassment victims stay anonymous?
- Does online harassment count as sexual harassment?
- Does physical touching need to be involved for conduct to be considered sexual harassment?
- Does verbal harassment count as sexual harassment?
- How can a lawyer help me with my sexual harassment claim?
- How long do I have to file a sexual harassment claim?
- I was sexually harassed at work do I need an attorney?
- What evidence do you need to prove sexual harassment at work?
- What happens if you are laid off after being sexually harassed?
- What is sexual harassment at work?
- What is sexual harassment in the workplace?
- What should I do if I was sexually harassed at work?
- What should I do to protect my legal rights if I have been sexually harassed at work?
- What types of sexual harassment can occur in California workplaces?
- Who do I tell if I feel that I am being sexually harassed at work?
- Who is liable for sexual harassment in the workplace?
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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
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