When you’ve taken the courageous step of reporting sexual harassment or other misconduct at work, you shouldn’t have to deal with retaliation from your employer. Unfortunately, supervisors and other workers may do just that, making your work environment even more hostile. You have crucial rights under California law to protect you from this unfair and illegal treatment.
Below, a Los Angeles retaliation attorney from Sparrow Law Group LLP discusses how to deal with retaliation after reporting sexual harassment at work, and how a sexual harassment law firm can help you.
Examples of Retaliatory Behavior That Violate Your Rights
Retaliation isn’t always clear, but certain actions are considered retaliatory after reporting sexual harassment under California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act. These behaviors include:
- Getting fired or laid off without valid cause
- Denied promotions or bonuses
- Pay cuts, demotions, or poor job reviews without basis
- Sudden scrutiny or micromanagement
- Reduction in hours or job duties
Other warning signs of workplace retaliation may include being left out of meetings, projects, and training programs. Your supervisor may gossip about you or encourage a hostile work environment, causing other employees to pressure you to remain quiet.
California Law Protects You From Employer Retaliation
California provides many legal protections for those who experience sexual harassment on the job. These laws include:
- California Labor Code section 230(c): Employers can’t fire, discriminate, or retaliate against you after you experience sexual assault, including for taking time from work to recover.
- California Civil Code Section 51.9: If you bring successful legal action against your employer for sexual harassment, your employer is financially liabile for your damages.
- California Labor Code Section 1102.5: Employers can’t retaliate against you for supplying information or testifying about violations of workplace laws or regulations.
California legislators recognized that individuals need additional time to process their experiences and gain confidence to take action. As a result, they passed Assembly Bill 9 in 2020, giving you more time to file a sexual harassment claim in California. The new statute of limitations is 3 years from the date of the incident.
How to Respond to Workplace Retaliation
Responding to retaliation can be frightening, but working with an experienced retaliation lawyer can improve your chances of holding the at-fault parties accountable. Start by following these recommendations:
- Meet with an employee rights attorney to discuss your case.
- File a retaliation complaint with the California Civil Rights Department (CRD) within 3 years.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days, although you can request dual filing when you submit your complaint to the CRD.
- Notify your employer of your claim.
- Participate in mediation with the CRD or EEOC and your employer.
- Negotiate a settlement, moving to a lawsuit if necessary.
Throughout all this, seek care for your mental and physical health. If the company fires you, you can seek compensation for all your expenses associated with your case, including back pay and lost earning potential. You can also demand to have your title and position reinstated, along with financial relief for your emotional distress.
At Sparrow Law Group LLP, we can help you fight back against sexual harassment at work and navigate workplace retaliation. You can rely on our attorneys to manage your case with compassion, integrity, and respect. Arrange a consultation when you contact us today.