Experiencing sexual harassment in the workplace is already a traumatic ordeal. When employees decide to speak up and file a complaint, they hope that the company will respond in good conscience and stop the misconduct.
Fear of retaliation for reporting sexual harassment can add another layer of stress and fear. If you’ve experienced sexual harassment and retaliation in California, it’s crucial to know your rights and the steps you can take to protect them.
What Is Sexual Harassment Retaliation?
Retaliation occurs when an employer or supervisor takes adverse action against an employee because they reported sexual harassment or participated in an investigation. Retaliation is illegal under both California and federal laws, and employees are protected under statutes like the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
Examples of Retaliation
Sexual harassment retaliation can take many forms, some of which may be subtle or disguised as legitimate workplace decisions. Common examples of retaliation include:
- Demotion or job reassignment—moving employees to a less desirable position or reducing their responsibilities;
- Termination or wrongful discharge—firing an employee in response to their complaint;
- Hostile work environment—creating a work atmosphere filled with intimidation, exclusion, or verbal abuse;
- Reduction in hours or pay—cutting hours or salary as punishment;
- Negative performance reviews—giving unwarranted poor evaluations to tarnish the employee’s record; and
- Exclusion from opportunities—denying promotions, bonuses, or other advancements the employee would otherwise qualify for.
If you suspect retaliation, it’s essential to document these actions, as they may be evidence of your employer’s illegal behavior.
Your Rights Under California and Federal Laws
California offers some of the strongest workplace protections in the nation. These laws ensure that employees can report misconduct, such as sexual harassment, without fear of retaliation. Both state and federal laws explicitly prohibit retaliation, and understanding these legal frameworks can empower you to assert your rights.
California’s Fair Employment and Housing Act (FEHA)
Under FEHA, employers in California are prohibited from retaliating against employees who:
- File a sexual harassment complaint;
- Participate in an investigation or legal proceeding related to harassment; or
- Oppose conduct they reasonably believe is unlawful, even if it hasn’t been proven.
FEHA applies to all employers with five or more employees and provides robust remedies for those affected by retaliation. This includes compensation for lost wages and emotional distress and, in some cases, punitive damages to discourage employers from engaging in similar conduct.
Additionally, FEHA requires employers to provide sexual harassment prevention training to all employees and maintain written policies outlining reporting procedures and anti-retaliation measures.
Title VII of the Civil Rights Act of 1964
At the federal level, Title VII, Sections 703-704, protects employees nationwide from workplace discrimination and harassment based on sex. It also prohibits retaliation against employees who:
- Report harassment or discrimination; and
- Testify, assist, or participate in any investigation or litigation related to harassment claims.
Title VII applies to employers with 15 or more employees and gives victims of retaliation the right to file claims with the Equal Employment Opportunity Commission (EEOC). Remedies may include reinstatement to their position, back pay, economic damages, and coverage of sexual harassment attorney fees.
Steps to Address Sexual Harassment and Retaliation
If you believe you are a victim of retaliation after reporting sexual harassment, you can take the following steps:
- Document everything. Keep a record of all incidents of retaliation, including dates, times, witnesses, and specific actions taken against you.
- Communicate concerns. Report the sexual harassment and retaliation to your HR department or a trusted supervisor in writing.
- Understand company policies. Review your employee handbook to determine the internal steps for addressing retaliation.
- File a claim with government agencies. You can file a claim with California’s Civil Rights Department (CRD) or the EEOC, and both agencies will receive it.
- Seek legal advice. Consulting an experienced employment law attorney can help you understand your options and build a strong case.
Taking steps against sexual harassment retaliation can feel overwhelming, especially when you’re already dealing with the fallout from sexual harassment. An experienced employment law attorney can help determine if your rights have been violated and, if so, guide you through the claims process and advocate for the compensation and justice you deserve.
How King & Siegel LLP Can Help
At King & Siegel LLP, our experienced employment attorneys in Los Angeles are passionate about protecting workers’ rights.
With decades of combined experience, our team has successfully represented employees in high-stakes cases across California. Julian King, a Harvard Law School honors graduate, leads our team with an impressive record of securing over $750 million for her clients.
Although we cannot guarantee or predict the outcome of any future case, Julian brings her expertise and fierce advocacy to every case, ensuring that our clients feel supported and empowered.
Schedule your free case consultation today, and let King & Siegel LLP fight for the justice you deserve.
