Employment Law

Fighting Sexual Harassment Retaliation Cases

sexual harassment - The Law Offices of Usmaan Sleemi

Receiving a wage decrease, demotion, or lousy hours without explanation after filing a sexual harassment complaint at work might be considered retribution. Retaliation is the most commonly reported type of job discrimination, according to the EEOC. How do you know whether you’re being retaliated against after filing a harassment claim against a coworker? Is there any legal protection for you in this situation, and how should you respond? The Law Offices of Usmaan Sleemi explains how to handle sexual harassment retaliation situations in the workplace in the following sections.

What Is Sexual Harassment Retaliation?

When an employer punishes or takes unfavorable action against an employee for filing a workplace complaint, this is known as sexual harassment retaliation. Whistleblowers and workers who make complaints are protected from retribution under many state and federal laws. The first step in claiming this protection is usually determining if you have been the victim of retaliation. The following are examples of common forms:

  •         Salary reduction
  •         Demotion
  •         Raise or promotion denials
  •         Job termination
  •         Poor performance reviews
  •         Being excluded from training opportunities and other staff activities
  •         Excessive micromanagement
  •         Undesirable schedule
  •         Job reassignment

Retaliation is forbidden, according to the EEOC, regardless of whether the sexual harassment charge was accurate or not, as long as it was made in good faith. This implies that an employer cannot retaliate against an employee just because the alleged harassment did not occur.

Proving Sexual Harassment Retaliation

Employers are required by much federal legislation including the New Jersey Law Against Discrimination (NJLAD) to investigate, respond to, and prevent harassment allegations. You may be able to file a lawsuit if you feel your employer is retaliating against you for making such a complaint. You may be entitled to compensation for both your pain and suffering as well as your financial losses.

When your company retaliates against you for harassment, it’s critical to take notes and document the negative behaviors, including dates and exact descriptions. This information will assist your attorney in filing your claim and should include things like:

  • The nature of the retaliatory actions
  • When they took place
  • Where they happened
  • The parties involved
  • Available witnesses

Responding to Sexual Harassment Retaliation

It’s vital to remember that your employer’s unfavorable actions aren’t always retribution. Retaliation for sexual harassment must be linked to your complaint and have a negative impact on your job. Your complaint may have legal standing if you fulfill these prerequisites.

Contact us for expert guidance if you’re not sure if you have a strong enough case. We’ll go over the details of your claim and make a recommendation on how to proceed, which may include contacting your human resources department first. The idea is to figure out whether your boss’s actions are connected to your recent harassment accusation or not.

We’ll file your claim with the appropriate authorities after we’ve discovered a link. After that, we will represent you until a satisfactory conclusion is reached.

Talk to an Experienced Attorney

Retaliation for sexual harassment can be difficult to prove since it requires demonstrating a link between your sexual harassment complaint and your employer’s unfavorable behavior. As soon as you feel you’ve been the victim of retaliation, begin documenting the retaliatory actions as they occur. You should also call an experienced New Jersey employment lawyer as soon as feasible. The Law Offices of Usmaan Sleemi are ready to fight for your rights.