While your employer may terminate your job after you report sexual harassment, it’s not legal for them to do so. You have protections under federal and California state law against both sexual harassment and retaliation for reporting it. You have the right to seek justice against your employer and can hire a sexual harassment attorney to help you build your case.
It’s Illegal to Fire Workers for Reporting Sexual Harassment
According to a study from the California Coalition Against Sexual Harassment (CALCASA), sexual harassment affects up to 88% of women and 53% of men. Sexual harassment creates a hostile work environment by making targeted employees afraid to speak up and identify offenders. Fortunately, there are two key laws that protect you should you need to report sexual harassment, including:
- Title VII of the Civil Rights Act of 1964: Applying to all companies with at least 15 workers, this federal legislation makes it illegal for your company to allow sexual harassment. They also can’t retaliate by lowering your pay, denying promotions, or terminating your employment.
- California Fair Employment and Housing Act (FEHA): On the state level, this law also prohibits companies from retaliating against you.
There are many forms of sexual harassment, including cyberassault. As a result, the CALCASA study shows that sexual harassment incidents have actually increased for women from previous years, surpassing the national average of 82%. Reported instances for men decreased, yet it’s important to remember that even these high numbers may not reflect the full impact, as many people may not report.
What to Do if You Suspect You Were Fired for Reporting Sexual Harassment
Here’s what to do if you experience sexual harassment at work and are fired:
- Gather documentation: Collect all your emails, texts, written accounts of what happened, and anything else that will indicate when and where you were harassed. Write down who was involved and the names of any witnesses.
- Report what happened: Even though you don’t work there anymore, you can still file a written report of the retaliation to the company’s HR department. Do this even if you filed a report while you were employed.
- Speak with an attorney: Schedule a meeting with a reputable sexual harassment attorney near you right away and explain what happened. They can help you assemble additional evidence and request important company records.
- Submit complaints to government agencies: You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). They will investigate your claim and coordinate as needed to determine if your employer violated the law.
Your attorney can guide you through the process of filing a lawsuit and proving sexual harassment. Many companies will push back against these types of claims, but often end up settling to avoid a public trial. Your lawyer will work with you to assess the best option for your unique situation, prioritizing your needs above all else.
Should You Choose to File a Lawsuit?
Whether you seek legal action against your employer for firing you after reporting sexual harassment is up to you. Not everyone wants to discuss this very personal situation, even with a skilled and aggressive attorney. Yet, doing so allows you not only to secure a sense of justice and closure but also to receive compensation for unfair treatment.
If you stand up against a company that allows this illegal activity, you not only fight for your own rights, but you may also prevent others from experiencing the emotional and physical trauma. Sexual harassment may leave employees with bodily injuries, as well as psychological damage, including depression, anxiety, and PTSD. You and others deserve the chance to hold these companies accountable for their wrongdoing.
You could recover lost wages, bonuses, and compensatory damages. You may also win job reinstatement, should you wish to return to that company. If you want to learn more about pursuing a sexual harassment wrongful termination case, contact Gutierrez Law Firm to schedule a free consultation.