Retaliation in the Workplace for Sexual Harassment: Common Forms and What to Look For
What Retaliation Looks Like
In many Los Angeles workplaces, employees who report sexual harassment may face retaliation in subtle or blatant ways. Retaliation is any adverse action taken by an employer or supervisor as a result of the employee exercising their legal right to report or oppose harassment. This can include being demoted, fired, denied promotions, excluded from meetings, assigned unfavorable tasks or shifts, or receiving poor performance reviews shortly after filing a complaint. In some cases, employees are intentionally isolated, ignored by colleagues, or subject to increased scrutiny that was not previously part of their work routine.
Retaliation may not always be obvious. It can take the form of being removed from projects, denied raises without explanation, or being transferred to a less desirable position. These forms of punishment are illegal under both California and federal law when they are in response to an employee asserting their rights. Even if your original harassment complaint does not result in disciplinary action against the harasser, you are still legally protected from retaliation for having made the complaint.
How to Respond
If you believe you are being retaliated against after reporting sexual harassment, it is important to act quickly and deliberately. Start by documenting each incident in detail. Record dates, what was said or done, who was involved, and any changes in your work environment or treatment. Keep copies of relevant communications, emails, or performance reviews that may support your claim. These records can become valuable evidence if you decide to pursue legal action.
California’s Fair Employment and Housing Act (FEHA) makes it unlawful for employers to retaliate against employees who report sexual harassment, participate in an investigation, or assist a coworker in filing a complaint. This protection applies regardless of the outcome of the complaint. If your employer fails to stop retaliatory behavior or worsens the situation, you may have a strong legal case.
Consulting a Los Angeles employment attorney who focuses on sexual harassment and retaliation cases can help you understand your rights and the legal remedies available to you. An attorney can help you file a complaint with the California Civil Rights Department (CRD) or pursue a lawsuit against your employer for damages. These damages may include lost wages, emotional distress, and punitive damages in more serious cases. Taking legal action is also a way to help hold employers accountable and prevent retaliation from happening to others in your workplace.