Speaking up about harassment at work takes guts. California law encourages workers to make their voices heard by ensuring that they can do so without fear of punishment.
If your employer takes action against you because you complained about harassment, participated in an investigation, or supported someone else’s complaint, that may be illegal retaliation.
Retaliation can rear its head in a wide variety of ways on the job. Sometimes, the retaliation is obvious. Other times, it is more subtle, like if you start to notice you are being kept out of meetings after making a complaint.
At Justice Law Corporation, our California discrimination lawyers help working people fight back to protect their rights and take action against those who violate the law. That includes taking on employers who retaliate against workers who speak up about harassment and other unlawful activity.
We are seasoned attorneys who have dedicated our careers to assisting people in discrimination, harassment, retaliation, and other cases. Our firm is proud of its track record of success for clients, including numerous settlements and verdicts in pay and discrimination cases.
Here is what you need to know about your rights regarding harassment on the job and retaliation for calling out bad behavior.
Harassment on the Job
Harassment is considered a form of employment discrimination under state and federal laws. The Fair Employment and Housing Act (FEHA) is the primary law that bans sexual harassment in the workplace in California.
FEHA makes it unlawful for employers, supervisors, coworkers, and even certain third parties to engage in harassment based on sex, gender, sexual orientation, or related characteristics. The law also makes it illegal for employers to retaliate against workers who report harassment or discrimination.
Harassment generally falls into two categories: “quid pro quo” and “hostile work environment.”
Quid pro quo sexual harassment occurs in situations in which a manager or authority figure conditions employment benefits on sexual conduct. A supervisor offers a promotion in exchange for sexual favors, for example. Or a manager threatens termination if you reject advances, this is a very direct form of harassment that is strictly banned.
Hostile work environment situations are more common and can also be more difficult to prove. In these situations, the harassing conduct is so severe or pervasive that a reasonable person would find it hostile or abusive.
Hostile work environment claims often stem from:
- Slurs, jokes, or insults about a protected characteristic
- Offensive comments or stereotypes
- Sexual comments, unwanted flirting, or physical contact
- Displaying offensive images, symbols, or graffiti
- Repeated intimidation or humiliation
Isolated minor incidents are typically insufficient to establish a hostile work environment. Instead, most hostile work environment claims seek to establish a pattern or practice of harassment.
Your Employer’s Responsibilities When It Comes to Harassment
Employers across California are legally required to take steps to actively prevent harassment on the job.
State and federal laws hold businesses and other organizations liable for harassment they were aware of or should have been aware of but failed to address. That means employers must maintain clear anti-harassment policies and reporting procedures. It also means that employers must promptly investigate complaints and take corrective action when misconduct occurs.
In some situations, individual supervisors may also be held personally liable for failing to take action to address and prevent harassment at work.
Your Protections Against Retaliation
Protections against retaliation are an essential part of state and federal laws banning discrimination and harassment. These protections encourage workers to speak up, whether it is for themselves or on behalf of coworkers.
The laws generally prohibit employers from taking a broad range of actions against employees for exercising their rights. That includes workers who complain about harassment, whether it is formally or informally.
Retaliation claims often center on workers who say they were punished after:
- Reporting sexual harassment to HR or management
- Filing a complaint with a government agency
- Participating in a workplace investigation
- Testifying in a harassment case
- Refusing to participate in unlawful conduct
- Supporting a coworker’s complaint
- Opposing behavior reasonably believed to be illegal
Workers who engage in this activity are protected from retaliation, even if the harassment complaint is ultimately not proven, so long as it is made in good faith.
When is it Retaliation?
Sometimes the retaliation is straightforward, such as when an employee is demoted or fired shortly after making a harassment complaint. In other situations, the retaliatory action can be much more subtle.
Some examples include:
- Being left out of important meetings
- Receiving unrealistic workloads
- Losing key responsibilities
- Being reassigned to less favorable shifts
Even if each action seems small, a pattern of behavior can still be illegal if it materially affects your job.
Being frozen out of meetings, for instance, can prevent you from getting key information about work projects and tasks and from being assigned to priority tasks. This can seriously impact your ability to do your job and limit your chances for promotion and advancement.
To show that these kinds of moves are unlawful retaliation, you have to be able to connect them to your harassment reporting or other protected activity. Timing patterns help: If you can show that you were iced out of meetings you had previously been invited to and that the change occurred right after you made the report, that is a strong indication of retaliation. Other circumstantial evidence is often important.
Our California Discrimination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or in other terms and conditions, you do not need to go it alone. A California discrimination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California discrimination lawyer.
