Recent high-profile cases in Texas and Idaho show that there is a persistent issue in workplaces across the United States: retaliation against employees who report sexual harassment. These incidents are a stark reminder that despite legal protections, many workers still face negative consequences for speaking up about inappropriate behavior.

Attorney J.J. Dominguez explains employees’ rights if they face retaliation for reporting workplace sexual harassment. “If you were retaliated against for reporting being sexually harassed on the job, you would likely have two claims, one for sexual harassment and another one for retaliation. Speak to an experienced sexual harassment attorney immediately. They can inform you of your rights and help you obtain justice.”

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Understanding Sexual Harassment and Retaliation

Sexual harassment in the workplace encompasses unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with work performance, or creates a hostile work environment. 

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities, such as reporting sexual harassment.

Examples of retaliation can include:

  • Termination or demotion
  • Undeserved negative performance reviews
  • Social or professional isolation
  • Denial of opportunities or promotions
  • Reassignment to less desirable positions
  • Reduction in work hours or responsibilities
  • Increased workload

Legal Protections Against Retaliation in Major States

California, Texas, Florida, and New York all have laws prohibiting workplace sexual harassment and retaliation. Here’s a brief overview of the protections against retaliation in these states:

  • California: The Golden State has some of the strongest anti-retaliation laws. And in California, a new law makes it easier for employees to prove retaliation. If an employer takes negative action within 90 days of a worker reporting an issue, it’s assumed to be retaliation. The employer must prove otherwise, helping protect employees who speak up.
  • Texas: Texas prohibits retaliation against employees who report violations or participate in investigations. This applies to employers with 15 or more employees and includes protection for unpaid interns.
  • Florida: The Florida Civil Rights Act prohibits retaliation against employees who oppose discriminatory practices or participate in investigations. It covers employers with 15 or more employees.
  • New York: The New York Human Rights Law prohibits retaliation, applying to all employers regardless of size. New York City’s Human Rights Law offers additional protections, including a broader definition of retaliatory conduct.

Steps to Take If You Face Retaliation

  • Report the Retaliation: Follow your company’s procedures for reporting retaliation. Generally, that would mean informing your HR dept. 
  • Document Everything: Keep detailed records of the retaliation, your report, and any subsequent actions against you. Include dates, times, locations, and witnesses.
  • File a Complaint: If internal measures fail, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.
  • Seek Legal Advice: Consult with an attorney specializing in sexual harassment and retaliation cases. They can guide you on the best course of action.
  • Preserve Evidence: It’s normal to want to erase any inappropriate materials, but don’t. You are erasing vital evidence. Instead, save all relevant emails, text messages, performance reviews, and other documents that can support your case.
  • Don’t wait: There are time limits for filing complaints with government agencies and courts. In California, for example, you have 365 days to file with the Department of Fair Employment and Housing. But don’t wait! You don’t have to suffer in silence. Report the perpetrator immediately.

Retaliation for reporting sexual harassment is illegal. It is not an unwelcome consequence you have to live with. By understanding your rights, documenting everything, and taking appropriate action, you can protect yourself and contribute to creating safer, more respectful workplaces for everyone. If you believe you’re facing retaliation for reporting sexual harassment at work, don’t hesitate to seek legal help and protect your rights.