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Sexual Harassment: Retaliation & Wrongful Termination

It only takes one incident in the workplace to create a snowball effect that can result in retaliation and wrongful termination. The one incident that many employees experience is sexual harassment – however, it doesn’t stop there. In many cases, employees who filed a workplace sexual harassment claim face retaliation or even wrongful termination.

Since workplace sexual harassment and discrimination are illegal under state and federal laws, employees can file a claim against their employer to protect their rights.

Retaliation & Wrongful Termination

Sexual harassment occurs when a coworker or supervisor makes unwelcome sexual advances or other visual, verbal, or physical conduct of a sexual nature that creates an offensive and hostile work environment. Employees should always take a stand against sexual harassment in the workplace. However, it is important for employees to know that the fight against their employer doesn’t always end after a claim is filed.

What Is Retaliation?

Retaliation occurs when an employer punishes an employee for exercising their workplace rights or reporting a legal violation. Common forms of retaliation include:

  • Demoting the employee
  • Reducing their salary
  • Termination
  • Changing their job duties or work schedule
  • Transferring the employee to another position or location
  • Denying the employee a promotion or pay raise

What Is Wrongful Termination?

Wrongful termination occurs when an employer terminates an employee without legal grounds. Although you may have an at-will contract that states an employer can terminate you for any or no reason, they don’t have legal grounds to terminate you for filing a sexual harassment claim.

Employees who have been fired or penalized for any discriminatory reason may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or a state or local anti-discrimination agency.

If you face retaliation or were wrongfully terminated after filing a sexual harassment claim, contact our team at (502) 890-9954 to schedule a consultation.

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