When an employee bravely comes forward to report sexual harassment, they should be protected from any form of retaliation. However, detecting signs of employer retaliation can be tricky. Retaliation can take various forms, such as sudden negative performance evaluations, demotions, reduced hours, or even termination. Detecting more subtle forms of retaliation can often require the assistance and guidance of a Morgantown sexual harassment lawyer like Desai Law.
Protecting Employees from Retaliation
Retaliation is the most common form of discrimination in the federal sector. The EEO (Equal Employment Opportunity) laws are in place to protect employees from retaliation for asserting their rights. These protected activities include filing complaints, communicating about discrimination, resisting harassment, and requesting accommodations. Employers are not allowed to take any actions that discourage employees from reporting future discrimination. Unfortunately, retaliation is still prevalent in many workplaces, which severely impacts an employee’s career and well-being.
Workplace Retaliation 101
Workplace retaliation is a serious issue, accounting for around 60% of all discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC). Retaliation occurs when an employer punishes an employee for advocating for their rights, such as reporting violations of laws and regulations, discrimination, or threats to public health safety. Retaliation can include reprimanding, transferring, abusing, threatening, or making work difficult for employees.
Signs of Employer Retaliation
Here are some common signs of retaliation in the workplace after reporting sexual harassment:
- Demotion: Being demoted to a lower position or having a reduction in job responsibilities and hours can be a clear sign of retaliation.
- Passed Over for Promotion or Raises: If you were previously considered for promotions or received regular raises, but now you’re being consistently passed over, it could be a sign of retaliation.
- Denial of Opportunities: If you suddenly find yourself excluded from important meetings, projects, or professional development opportunities, it may indicate retaliatory actions from your employer.
- Excessive Micromanagement: An increase in micromanagement and unwarranted scrutiny after reporting sexual harassment could be a way for the employer to create a hostile work environment.
- Salary Reductions or Loss of Hours: If your salary is reduced without valid reasons or your hours are significantly reduced after reporting harassment, it could be a form of retaliation.
- Exclusion from Meetings or Events: Again, being intentionally excluded from meetings, events, or social gatherings can be a way for employers to isolate and alienate you as a form of retaliation.
- Reassignment of Responsibilities: Suddenly being assigned menial tasks outside of your job description or having your workload increased unfairly can be an indication of retaliation.
- Bullying or Harassment: Experiencing an increase in bullying or harassment from colleagues or supervisors can be a tactic used by the employer to make your work environment hostile.
- Negative Job Performance Reviews: If your performance reviews suddenly turn negative and are unfounded, it could be a sign of retaliation.
- Termination: The most severe form of retaliation is termination. If you are fired after reporting sexual harassment, it is crucial to seek legal assistance immediately.
Protected Activities and Reporting Retaliation
Protected activities that may incite workplace retaliation include speaking out against harassment and discrimination, reporting illegality, filing workers’ compensation claims, serving as a witness, and inquiring about discriminatory wages. If you suspect workplace retaliation, familiarize yourself with internal procedures and talk to a Morgantown sexual harassment attorney for some legal advice and guidance.
To prove workplace retaliation, the complainant must show engagement in protected activity, negative workplace consequences, and a causal link between the two. It is essential to gather evidence such as email records, telephone records, witness statements, and employee performance reviews to support your claim.
Taking Action Against Employer Retaliation
Workplace retaliation involves negative actions taken against employees for engaging in certain activities. Employees have legal protections against workplace retaliation and can file complaints with the Equal Employment Opportunity Commission (EEOC) and file a lawsuit. Acting quickly is important to protect legal rights, as there are deadlines for filing both complaints and lawsuits. If you have experienced employer retaliation after reporting sexual harassment, reach out to an adept, reputable Morgantown sexual harassment lawyer like Desai Law.
Employer Retaliation FAQ
In the unfortunate event that you have experienced sexual harassment in the workplace and exhibited the bravery to report it, you will often find yourself facing some degree or another of retaliation from your boss or company in general. As Morgantown sexual harassment lawyers, these are some of the most common questions we hear about potential retaliation after reporting the harassment:
- Should I confront my employer about the retaliation? Confronting your employer about the retaliation can be risky and may worsen the situation. Talk to your lawyer first.
- What legal protections do I have against employer retaliation? The specific protections available to you will depend on the laws of your jurisdiction. Again, reach out to your lawyer for clarification.
- What compensation can I recover in a retaliation lawsuit? If you prevail in a retaliation lawsuit, you are entitled to various forms of compensation, including back wages, reinstatement to your previous position, compensation for emotional distress, attorney’s fees, and, in some cases, punitive damages.
- What should I do if I believe I am experiencing employer retaliation? Document any incidents, gather evidence, and lawyer up. As sexual harassment lawyers in Morgantown, we also recommend filing a complaint through the proper channels to further document what’s happening.
- How long do I have to file a claim for employer retaliation? The statute of limitations for filing a claim for employer retaliation can vary depending on federal, state, and local laws.
A Morgantown Sexual Harassment Lawyer To Stand Up for You!
If you believe you have been a victim of employer retaliation after reporting sexual harassment in Morgantown, West Virginia, Desai Law has the skills, compassion, and know-how to help you fight back. Our experienced Morgantown legal team will provide you with the support and guidance necessary to hold your employer accountable. To book a free legal consultation with a Morgantown sexual harassment lawyer today, contact our office. Remember, you don’t have to face this alone.
