Retaliation After Reporting Sexual Harassment
By Gregory Thyberg on June 30, 2022
Local and federal employment laws make it illegal for workers to experience discrimination or harassment on the basis of sex, this includes sexual harassment. Furthermore, if a worker is a victim of sexual harassment and they report it, employers are legally prohibited from retaliating against them. Unfortunately, retaliation after reporting sexual harassment still occurs, and it can take place in many different forms.
Workers in the Sacramento, CA, area who have been victim of retaliation after filing a sexual harassment claim can work with whistleblower/Qui Tam attorney Gregory Thyberg to consider their legal options. Depending on the details of the situation, workers may be due financial compensation for damages, as well as reinstatement of pay and benefits.
Whistleblower is a term used to describe an employee who reports an employer’s violation of the law. Reported violations may include practices that go against public policy, such as illegally dumping toxic materials into public waters, or violations within the workplace, such as sexual harassment.
An employee who reports an employer’s illegal activities is provided certain protections as a whistleblower. Most notably, federal and state laws protect whistleblowers from facing retaliation for filing a claim or reporting employer violations.
Examples of Workplace Retaliation
Workplace retaliation refers to any negative action that is taken against an employee in response to them making a negative claim against their employer. Retaliation can take place in many different forms. Some of the most common examples of workplace retaliation include:
- Denial of an earned promotion
- Denial of job training opportunities or other development programs
- Reduction in pay
- Reduction of job responsibilities
- Cut back in hours
- Reassignment to an undesirable position
- Transfer to an undesirable work location
- Unwarranted poor performance review
Proving workplace retaliation can be difficult. Employers are aware of whistleblower protections, so they are unlikely to admit that a negative workplace consequence has anything to do with a reported sexual harassment claim. The best chance that a worker has to prove retaliation is to work with a knowledgeable whistleblower attorney, such as Gregory Thyberg.
Gregory Thyberg and his legal team gather evidence to demonstrate that:
- An employee experienced or witnessed some type of illegal harassment or discrimination
- The employee took part in a protected activity by reporting the discrimination/harassment
- The employer responded by taking adverse action against the employee
- The employee suffered damages as a direct result of the adverse action
Potential forms of evidence in a retaliation case include inter-office communications, witness testimony, performance reviews, and pay stubs/W-2s.
Damages in Retaliation Cases
The types of damages that may be awarded to Sacramento workers who have been victim of retaliation depends on the specific losses they suffer. Potential areas of compensation include:
- Lost pay
- Pain and suffering
- Attorney fees and legal costs
- Punitive damages
Contact Gregory Thyberg
If you have been terminated or have faced negative consequences at work after reporting sexual harassment, attorney Gregory Thyberg can determine if you have grounds to file a workplace retaliation claim. To schedule a legal consultation at our Sacramento law firm, send us a message online, or call (916) 204-9173.