Retaliation for Reporting Sexual Harassment

Retaliation occurs when an employer punishes an employee for reporting workplace misconduct, such as sexual harassment, discrimination, or unlawful behavior. Under California and federal law, retaliation is illegal, and employees who experience it have the right to take legal action.

Retaliation can take many forms, ranging from obvious punishment, like termination, to more subtle forms of mistreatment, such as isolation, exclusion from projects, or sudden negative performance reviews. Employers may attempt to disguise retaliation as a legitimate business decision, but if an employee can prove that their employer’s actions were motivated by their complaint, they may have a strong legal case.

How to Prove Retaliation in the Workplace
For an employee to successfully claim retaliation, they must demonstrate the following key elements:

• Engagement in a Protected Activity: The employee must show that they engaged in a legally protected activity, such as:
  • Filing a sexual harassment complaint with HR, the CRD, or the EEOC.
  • Reporting inappropriate behavior or misconduct to a supervisor or employer.
  • Participating in an investigation regarding sexual harassment or workplace violations.
  • Supporting a coworker’s harassment complaint as a witness.
• Adverse Employment Action: The employer must have taken a negative action against the employee after they engaged in the protected activity. Examples include:
  • Termination – The employee is fired after filing a complaint.
  • Demotion or Pay Reduction – The employer cuts the employee’s salary or rank.
  • Unjustified Negative Performance Reviews – The employee suddenly receives poor evaluations despite prior good performance.
  • Increased Scrutiny or Harassment – The employer or coworkers begin targeting the employee, micromanaging, or creating a hostile environment.
  • Isolation or Exclusion – The employee is left out of meetings, projects, or workplace events.
• Causal Connection Between the Complaint and the Retaliation: The employee must prove that the employer’s negative actions were directly linked to their complaint. Some ways to establish this connection include:
  • Timing: If the employer took action against the employee shortly after the complaint was filed, this may indicate retaliation.
  • Inconsistent Justifications: If the employer changes their reasoning for firing or demoting an employee, this could suggest retaliation.
  • Differential Treatment: If other employees in similar situations were not punished but the complainant was, it strengthens a retaliation claim.

Compensation for Victims of Retaliation
If your employer has retaliated against you for reporting sexual harassment, you may be entitled to financial compensation and other legal remedies, including:

• Back Pay: Compensation for lost wages and benefits due to termination or demotion.
• Front Pay: Future earnings if reinstatement is not possible.
• Emotional Distress Damages: Compensation for anxiety, depression, or emotional suffering caused by retaliation.
• Punitive Damages: If the employer’s conduct was particularly egregious, the court may award additional damages as a penalty.
• Reinstatement: In some cases, the court may order the employer to reinstate the employee to their previous position.

If you suspect you are being retaliated against, it is crucial to document everything and seek legal counsel as soon as possible. At Miracle Mile Law Group, our Los Angeles workplace retaliation attorneys fight to hold employers accountable and secure justice for employees who have suffered retaliation. Contact us today for a free consultation to discuss your legal options.