Thursday, May 26, 2022

If you have been sexually harassed at work, it is your right to protect yourself against your harasser and take appropriate action. However, if your employer is retaliating against you for reporting the incident, you could file a retaliation claim against them. Retaliation can be done by demoting you, reducing your work hours, or cutting your pay. Retaliation is a type of workplace discrimination. If you have been retaliated against after you filed a harassment claim against your employer or a coworker, contact a Parsippany Employment Attorney to help you handle the legality of your claim. Your attorney will explain to you the protections the law gives you and you must respond to the retaliation.

How Can Retaliation to a Sexual Harassment Complaint Happen?

If your boss punishes you or takes unfavorable action against you for filing a sexual harassment complaint, you may have a sexual harassment retaliation case. Under the law, you are protected from retribution. You can claim this protection by determining if you have been retaliated against. This is possible through salary reduction, job termination, demotion, promotion or raise denials, exclusion from training opportunities, poor performance reviews, job reassignment, and others. The law forbids retaliation, no matter the accuracy of the sexual harassment charge. Thus, employers must not retaliate against a worker just because the alleged sexual harassment didn’t happen.

How to Prove Sexual Harassment Retaliation

The law requires employers to investigate and respond to sexual harassment complaints. If you have been retaliated against for reporting a sexual harassment incident at work, you may file a lawsuit against your boss. You may be able to get compensation for your financial losses as well as pain and suffering. As a retaliation victim, you must take notes and document your employer’s negative behavior. Your lawyer will need this information when filing your claim. Ensure you document the nature of the retaliatory action, when and where it happened, the parties involved, as well as available witnesses.

How to Respond to Retaliation

You must keep in mind that the unfavorable actions of your employer are not always retaliatory in nature. Retaliation for sexual harassment should be associated with your complaint and has negatively affected your job. For your complaint to have legal standing, it must fulfill such perquisites. If you are not sure about the strength of your case, contact an attorney to help you evaluate it. Your lawyer will go over your claim’s details and make appropriate recommendations.

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