Reporting a sexual harassment case can be a daunting and frightening task for the victim. One of the many concerns that a victim of sexual harassment can have is what happens if the company chooses to retaliate their claim. It is important what legal measures exist that protect the employee who made the claim and how it can be found in the workplace.
The United States Equal Employment Opportunity Commission has said that it is forbidden for employers to retaliate against the victims of sexual harassment in their workplace. If the victim of sexual harassment files a claim against the employer, then it is illegal for said employer to file a complaint or an investigation on the victim; the employer is also forbidden to make an investigation on the events; the employer should not intervene in the ongoing legal process by covering up evidence or protecting the people that were involved in the act or to even refuse to follow certain legal orders that could potentially lead to discrimination in the workplace.
There are other ways that an employer might retaliate the victim and this could be by punishing the victim by giving him or her a low grade on their performance level, physically or verbally abuse the victim, make the victim’s working conditions more difficult, lowering their salary, scrutinizing the victim, amongst many others.
What to do?
If the victim suspects that he or she is being retaliated, then immediate action must be taken like taking the matter to human resources or even talking directly to the employer. If none of the parties can provide a reasonable explanation to their behavior, then the victim should take the matter to EEOC or to the victim’s state’s fair employment agency.
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call or complete the intake form.