Understanding Retaliation Claims in Cases of Reporting Sexual Harassment
Legal Protection for Employees Reporting Sexual HarassmentSexual harassment is an unlawful and distressing experience that can have a profound impact on victims. To combat this issue, both Massachusetts and federal laws protect employees who report such misconduct. One critical aspect of this protection is safeguarding employees from retaliation when they come forward with allegations of sexual harassment. In this article, we will explore what constitutes retaliation in the context of reporting sexual harassment, and the criteria necessary to establish a valid retaliation claim.
What is Retaliation in the Context of Reporting Sexual Harassment?Retaliation occurs when an employer takes adverse employment actions against an employee as a result of that employee's report of sexual harassment in the workplace.
While it's essential to acknowledge that retaliation can manifest in overt actions like termination, demotion, discipline, harassment, or any other form of mistreatment, it's equally important to understand that retaliation can be subtle and insidious. In some cases, retaliation may be less conspicuous, making it harder for employees to recognize. For instance, rather than terminating the employee who reported harassment, the employer might opt for a more discreet approach, such as transferring the complainant to a different department or location. This seemingly innocuous move can disrupt an employee's career trajectory and working conditions, ultimately causing harm. Another subtle form of retaliation can be seen in a sudden and unexplained negative performance review or a decrease in job responsibilities. These actions may occur weeks or even months after the harassment report, making it challenging for the employee to connect them to their initial complaint. Such covert acts of retaliation can be equally detrimental to an employee's professional standing and psychological well-being. The Importance of a "Reasonable and Good Faith Belief"To pursue a valid retaliation claim, it is essential that the employee had a reasonable and good faith belief that the sexual harassment they reported was unlawful. This means that, at the time of reporting, the employee genuinely believed that the behavior in question violated applicable laws and regulations. It is important to note that even if the harassment is not ultimately found to be unlawful, the employee may still have a valid retaliation claim if their belief was reasonable and made in good faith.
Demonstrating RetaliationTo establish a retaliation claim, an employee must provide evidence that links the adverse employment action they experienced to their reporting of sexual harassment. This can be done by showing a timeline of events that suggests a causal relationship. For example, if an employee was terminated shortly after reporting harassment, this timing can be strong evidence of retaliation, especially if there is no other legitimate reason for the termination.
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Protected Activities Beyond Reporting
In addition to reporting sexual harassment, other protected activities can trigger retaliation claims. These activities may include participating in an investigation, providing information related to a harassment complaint, or even opposing harassment in the workplace. Retaliation protections extend to anyone who is involved in these activities, not just the victim of harassment.
Potential Remedies for Retaliation Claims
If an employee successfully proves their retaliation claim, they may be entitled to various remedies. These can include reinstatement, back pay, front pay, compensatory damages, and attorney's fees. The specific remedies available will depend on the circumstances of the case and applicable laws.
Conclusion
Reporting sexual harassment is a courageous act that should not result in further harm to the victim. Laws and regulations are in place to protect employees from retaliation when they come forward to address such misconduct. If you believe you have faced adverse employment actions in response to your report of sexual harassment, it is essential to consult with legal counsel to assess the validity of your retaliation claim and explore the potential remedies available to you.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced legal team can provide guidance and support to assess the validity of your retaliation claim, ensuring your rights are protected when you report workplace sexual harassment. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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