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Retaliation for Reporting Sexual Harassment: Illegal

Perhaps you have been subjected to sexual harassment in the workplace, but you are afraid to report it? Or maybe you have reported sexual harassment, and now your employer is taking "revenge” on you? Or maybe you have received unwanted sexual advances that make you uncomfortable and you want to report it to H.R., but you are afraid that your employer can punish you for making a complaint that ultimately fails? If you relate to any of these circumstances, you should know that an employer cannot retaliate against an employee for reporting sexual harassment, nor retaliate against an employee for bringing a good fatih sexual harassment claim that ultimately fails. Read on to learn more.

But First, What is Sexual Harassment?

Sexual harassment includes, but is not limited to:

  • unwanted sexual advances;
  • requiring sexual favors in exchange for employment benefits;
  • retaliation;
  • suggestive sexual conduct, including: leering, gestures, or displaying sexual content;
  • derogatory or suggestive humor;
  • suggestive or sexual comments, whether spoken or written;
  • physical touching or impeding movement.

This list is not exhaustive—other unwanted sexual advances, suggestive conduct, or derogatory behavior not listed here, might also qualify as sexual harassment. Furthermore, harassment need not occur on the job site in order to qualify as workplace sexual harassment. If, for example, a coworker makes unwanted sexual advances towards another coworker during an offsite business trip, that still constitutes sexual harassment.

Retaliation is Against the Law

If you have experienced sexual harassment at work, you may be afraid to confront your employer for fear of retaliation. Or perhaps you are worried that your employer would have the right to retaliate against you if you ultimately end up losing your case. Neither is true. Retaliation is against the law.

Retaliation occurs when an employer takes adverse action against an employee because the employee complained about sexual harassment. Such retaliatory actions can include firing or threatening firing, but firing is certainly not the only retaliatory step that an employer can take. Regardless of the form it takes, an employer may not retaliate or threaten to retaliate against an employee for reporting sexual harassment.

If an employer does retaliate against an employee, then the employee may not only have claims for the underlying sexual harassment, but also claims for the retaliation.

Contact a California Employment Attorney

If your employer has retaliated against you for complaining about sexual harassment, then you would certainly have a claim for retaliation and may also have claims for sexual harassment. A knowledgeable employment attorney, like the attorneys at Nassiri Law Group, in Orange County, Los Angeles, and Riverside California have the experience you need to get justice. For a free case consultation call (949) 375-4734 today.

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