Sexual Harassment Retaliation

Sexual harassment in the workplace is a type of sexual discrimination. Harassment is unwelcomed sexual behavior such as touching, assault, name-calling, or stalking. The victim of sexual harassment can be either a man or a woman. The victim can be the same sex as the harasser or opposite sex. Despite the fact that sex discrimination laws have been around for many years, sexual harassment and sex discrimination continue to plague the workplace. The federal Equal Employment Opportunity Commission receives thousands of sexual harassment claims each year. Sexual harassment claims also involve employees who are fired or who are in some other way punished for reporting sexual harassment. This referred to as retaliation and is also an illegal type of sex discrimination. Employers who retaliate against employees for reporting sexual harassment face serious financial consequences, and the victims of sexual harassment are entitled to hold those who harass accountable by seeking compensation through a civil claim. If you are in need of an employment lawyer because you were the victim of retaliation for reporting sexual harassment it is important that you immediately contact an experienced Los Angeles Sexual Harassment Retaliation Lawyer who will make sure your employer is held accountable for violating the law.

Anti-discrimination Statutory Provisions

Under California’s Fair Employment and Housing Act (FEHA), sexual harassment in the workplace is prohibited. FEHA is enforced by California's Department of Fair Employment and Housing (DFEH). FEHA’s definition of sexual harassment is quite broad and includes harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions.

Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex. Sexual harassment is a form of sexual discrimination. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. It is enforced by the Equal Employee Opportunity Commission.

Sexual Harassment Retaliation

Sexual harassment retaliation can take a number of forms. Any action by an employer that tends to discourage future reporting of incidents of sexual harassment may amount to retaliation. The following employment actions that occur shortly after an employee files a sexual harassment complaint or after an employee provides testimony in support of a sexual harassment complaint may be evidence of retaliation.

• Termination
• Demotion
• Pay cut
• Hours cut
• Transfer
• Ostracism
• Bad review
• Unsupported customer or co-worker complaints
• Increase of workload
• Suspension
• Reprimands
• Denial of benefits

Example

In Kelley v. Merle Norman Cosmetics, Inc. (Cal. App., 2015), Stephanie Kelley sued Merle Norman for sexual harassment and retaliation. Kelley was Merle Norman’s director of marketing when she was filed in 2010. Jack Nethercutt is the company's chairman and his wife, Helen Nethercutt, is its vice chairman. Helen told one of Kelley’s subordinates, Sarah Tillman, that she should wear a different type of brassiere. Kelley reported Helen's comment to human resources in June 2009. In February 2010, Merle Norman created and filled a new chief operating officer position to oversee the marketing department. Kelley complained to her supervisor and human resources and asked the DFEH to begin a sexual harassment investigation. Ultimately Kelley was fired. Merle Norman claimed the Kelley was filed because she was not a team player. The jury sided with Kelley and awarded her $293,410 for past lost income and benefits, $401,826 for future lost income and medical expenses, and $360,000 for pain and suffering.

Consequences of Sexual Harassment in the Workplace

If you suffered sexual harassment in the workplace you have the right to file a complaint with the DFEH or the EEOC in order to hold the harassing party accountable for his or her actions. The consequences of violating the state or federal sexual harassment rules are severe including:

• The employer or employee may have to pay the victim compensation including lost wages and punitive damages
• The employer may have to hire or reinstate the victim
• The employer may have to pay fines and penalties
• The employer may have to enact changes in the polices or practices in order to prevent future violations of the law

Los Angeles Sexual Harassment Retaliation Lawyer

If you believe that you have been retaliated against for reporting sexual harassment you should discuss the specifics of your case with an experienced employment lawyer. It is important that you do so immediately as there are time limits for filing sex harassment claims. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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