Enduring sexual harassment should never be a condition of employment. The right to freedom from discrimination includes protection from on-the-job harassment. Workers have the right to report discrimination or abuse from individual coworkers.
They should receive support from their employers if they have experienced sexual harassment. The law requires that employers respond appropriately to those who report this harassment or other misconduct.
Retaliation against workers who report harassment is illegal. However, it does still occur in some scenarios, including when harassment comes from a business executive or high-performing professional. What forms of retaliation could negatively affect employees who report sexual harassment to their employers?
1. Sudden termination
A retaliatory firing is the most serious and obvious form of retaliation. Employers may terminate workers within days of a complaint in some cases. Even if the business tries to create a paper trail by alleging disciplinary or performance issues, the true reason for the firing may be the complaint about harassment.
2. Unfavorable transfers
In some cases, employers seek to address sexual harassment by separating workers. Such actions should not cause negative consequences for the party reporting and experiencing the harassment. An unfavorable, unwanted transfer to a different facility or shift can constitute a form of retaliation.
Transfers can undermine advancement opportunities or make it more difficult for workers to maintain a proper work-life balance. Typically, transfers intended to address sexual harassment should be voluntary or should involve the worker engaging in misconduct, not the worker reporting the misconduct.
3. The release of reporting information
Typically, workers who report sexual harassment to supervisors or human resources professionals at their companies should not have to worry about all of their co-workers hearing about their complaint. While an investigation is often necessary to substantiate sexual harassment allegations, those in positions of authority within the company should not intentionally create scenarios that might cause friction among employees.
The spread of details about sexual harassment complaints can create a hostile work environment where numerous other employees target and mistreat the individual who reported the misconduct. Retaliation is unlawful, but it is a leading cause of modern sexual harassment lawsuits.
If an employer responds inappropriately to a complaint of harassment, the employee affected by that misconduct may need support as they take legal action. Pursuing a sexual harassment lawsuit is sometimes possible in cases where employers do not respond appropriately to allegations of misconduct in the workplace.