No one should be punished for standing up against workplace harassment. Unfortunately, retaliation after reporting sexual harassment is all too common. These illegal acts persist throughout all kinds of workplaces and industries. If you’ve taken the brave step of reporting inappropriate conduct and have since been mistreated at work, you may be experiencing unlawful retaliation or other adverse employment acts. In California, you are protected by laws which exist to protect you in the workplace. Learn your legal rights here.
What is Retaliation at Work?
Retaliation occurs when an employer or supervisor takes adverse action against an employee because they engaged in a protected activity, such as reporting or opposing sexual harassment.
Common examples of retaliation include:
- Termination or demotion
- Asking for your voluntary resignation
- Pay cuts or reduced hours
- Negative or pretextual and fabricated performance reviews without cause
- Being excluded from meetings or opportunities
- Unwarranted disciplinary action
- Creating a hostile or uncomfortable work environment
If these actions occur after you reported sexual harassment, they could qualify as unlawful retaliation under California law.
Are You Protected from Retaliation Under California Law?
California law protects all employees who report sexual harassment.
Under the Fair Employment and Housing Act (FEHA), it is illegal for employers to retaliate against any worker who:
- Reports of sexual harassment (formally or informally)
- Participates in a harassment investigation
- Assists another employee in filing a complaint
- Refuses to participate in sexually inappropriate behavior
The law applies even if the harassment complaint is ultimately found to be unsubstantiated, if the report was made in good faith.
What Should You Do If You’re Facing Retaliation?
If you believe you’re being retaliated against, consider taking these steps:
- Document everything: Keep a detailed record of incidents, including dates, names, emails, and any changes in treatment or responsibilities.
- File an internal complaint: Follow your company’s HR policies for reporting retaliation.
- Contact an employment law attorney: You don’t have to face this alone. An experienced lawyer can help you understand your rights, gather evidence, and take legal action if needed.
Legal Remedies for Workplace Retaliation
If you’ve experienced retaliation for reporting sexual harassment, you may be able to use legal action to demand:
- Reinstatement (if you were wrongfully terminated)
- Back pay, front pay and other lost fringe benefits
- Compensation for emotional distress, pain and suffering
- Attorneys’ fees and costs
- Punitive or exemplary damages (in rare cases of egregious employer wrongdoing)
Speak With a California Retaliation Attorney Today
At VALIANT LAW, we are committed to protecting employees throughout California who have been wronged for doing the right thing. You have the right to report sexual harassment without fear of punishment, and we want to stand up for you to uphold that right. If you're being retaliated against for speaking up against sexual harassment or any other form of wrongdoing or illegal activities within your place of employment, get our legal help to learn more about what you should do next.
Call us at (909) 254-5771 for a confidential, no-obligation consultation. You stood up for what’s right. Let us stand up for you.