Reporting sexual harassment is a courageous step, but it can come with concerns about retaliation, including the fear of being fired. Retaliating against an employee for reporting harassment is unfair and illegal under federal and state laws. This blog will walk you through what happens if you face termination after reporting sexual harassment, including your legal rights, steps you can take, and possible remedies.
What Is Retaliation for Reporting Sexual Harassment?
Retaliation occurs when an employer takes adverse action against an employee for participating in a legally protected activity, such as reporting harassment. This retaliation can take many forms, including termination, demotion, reduced hours, or other adverse employment actions. Federal laws like Title VII of the Civil Rights Act of 1964, as well as many state laws, make it illegal for employers to retaliate against employees for reporting sexual harassment or cooperating in an investigation.
What to Do if You’re Fired for Reporting Sexual Harassment
If your employer terminates you after you report sexual harassment, it’s essential to act promptly and carefully. Here’s a step-by-step guide to navigating this situation:
1. Document the Circumstances
The first step is to collect as much documentation as possible. This includes keeping records of your initial harassment report, written communication with HR or your supervisor, and performance reviews leading up to your termination. By documenting the sequence of events, you create a timeline that shows your employer’s actions following your complaint.
If your termination closely follows your harassment report, this timing can serve as potential evidence of retaliation. Include any messages, emails, or witness statements corroborating your account of events, as these may strengthen your case.
2. Understand Your Legal Protections
Federal and state laws protect employees from retaliation after reporting harassment. Title VII of the Civil Rights Act and state and city human rights laws provide legal recourse for employees who face wrongful termination or retaliation—Trust Lipsky Lowe to help you understand your specific protections and guide you on the next steps.
3. File a Retaliation Complaint with the EEOC
If you believe you were fired in retaliation for reporting sexual harassment, filing a complaint with the Equal Employment Opportunity Commission (EEOC) is an option. The EEOC is the federal agency that enforces workplace discrimination and harassment laws. To initiate a claim, you must file a formal complaint with the EEOC, typically within 180 days from the termination date, though some states allow up to 300 days.
After filing your complaint, the EEOC will investigate the matter and determine whether your employer violated anti-retaliation laws. If the agency finds enough evidence, it may offer mediation, pursue legal action on your behalf, or allow you to file a lawsuit against your employer.
4. Consult with an Employment Attorney
Navigating the legal landscape following wrongful termination can be complex, particularly when dealing with federal and state laws. Consulting with an experienced employment attorney can provide valuable guidance, from gathering evidence to filing a complaint and preparing for potential litigation.
An attorney can also help determine the compensation you may be entitled to, such as back pay, reinstatement, or damages for emotional distress. In short, having legal representation strengthens your position and demonstrates to your employer that you are prepared to take action to defend your rights.
Possible Remedies for Retaliation
If you succeed in proving that your employer retaliated against you for reporting sexual harassment, several remedies may be available:
- Reinstatement–Sometimes, the court may order your employer to reinstate you to your previous position.
- Back pay–You may be entitled to recover lost wages and benefits from the date of termination to the date of resolution.
- Compensatory and punitive damages–Courts may award liquidated damages, damages for emotional suffering, and punitive damages to deter future unlawful conduct.
- Legal fees–The law allows you to recover attorney fees and other costs of bringing your claim.
Report Harassment and Protect Yourself from Retaliation
Facing termination for reporting sexual harassment is a challenging and potentially overwhelming experience, but you don’t have to face it alone. Legal protections protect employees from retaliation and hold employers accountable for unlawful actions. If you believe you were wrongfully terminated, our team is here to help. Contact us today for a consultation to explore your options for holding your employer accountable.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.