Very few people are in the workforce simply because they enjoy working. Most people need that paycheck to cover their living expenses and possibly put some money aside for a rainy day.
So if you are experiencing sexual harassment at work, you may hesitate to report it because you are afraid of losing your job. What if your employer fires you because you complained?
You have the right to speak up
An employer can’t legally retaliate against an employee for reporting workplace sexual harassment. Federal law protects employees who report harassment or participate in an investigation.
However, retaliation cases can be complicated and not always obvious. Retaliation occurs when an employer takes a negative action against an employee because the employee engaged in protected activity, such as reporting sexual harassment. Retaliation doesn’t always mean termination. It can take other forms, including:
- Demotion
- Unfavorable changes to work assignments
- Transfer to a less desirable position
- Reduced hours or unfavorable scheduling
- Unfair disciplinary action
- Poor performance evaluations
- Threats or intimidation
An employer isn’t prohibited from disciplining or terminating an employee for legitimate, non-discriminatory reasons simply because that employee also reported harassment. An employer can still take action against an employee for misconduct, poor performance or another legitimate workplace issue. If an employee receives positive performance reviews for years, however, and is suddenly fired shortly after reporting sexual harassment, it can raise questions about the employer’s motivation.
Being afraid of retaliation shouldn’t prevent you from reporting workplace sexual harassment. You have protections under federal law. If you have already reported harassment and believe your employer is retaliating against you, contact a legal representative who can review the facts, explain the law and help you understand your options.