Employer Retaliation for Reporting Sexual Harassment

Anna worked at a restaurant that was part of a national chain.  She was hired as Assistant General Manager, and other employees were told that she would be the "future General Manager" of the restaurant, which had newly opened.

Almost immediately after she met the man who was serving as General Manager at the time, he began sexually harassing her.  On the first day, he asked for her phone number.  On the second day, he researched her home address and began talking to her about how close he lived to her.  In the following weeks, he would repeatedly rub her shoulders, touch her waist, approach her when she was alone in the employee coat room, and on two occasions groped her inner thigh.  He also asked personal and probing questions about what she did outside of work.

Anna first reported this behavior to management about two months into her employment, and was told to "lay low," and that it would be taken care of.  Immediately following this report, the General Manager pulled her into his office, locked the door, and told her she should stop complaining, and should consider what would happen to her two young children if she got fired.

When she reported this to the individual above the General Manager, he too told her that if she went over his head and reported to upper management, it would ruin her chances of promotion, and that this wasn't worth losing her job over.

Finally, Anna did request a meeting with corporate Human Resources, at which she described everything that had happened to her over the past few months.  She was terminated on her next scheduled shift after this meeting, based on an unfounded and untrue allegation that she had taken $40.00 from the register at her prior shift.

The termination itself was devastating to Anna.  She and her two young children were evicted from their apartment, lost their car, and had to move in with a family member in order to survive.  Equally devastating was the humiliation and stress she experienced daily at the hands of the General Manager, compounded by the indifference of management to her situation.

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Retaliation Solution

We filed a complaint on Anna's behalf with the Massachusetts Commission Against Discrimination ("MCAD") against the company and the General Manager.  By the time the complaint was served, the General Manager had left the state and was no long affiliated with the company.  He never responded to the complaint or participated in the litigation.

During the MCAD proceeding, we went to mediation and were able to obtain a settlement for Anna to compensate her for the harm she suffered as a result of reporting sexual harassment in the workplace.

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Postscript

Anna was able to get back on her feet as a result of the settlement, and also get some measure of satisfaction that the employer had been held accountable for its indifference and retaliatory actions.

If you are in a similar situation, remember that both the harassment itself and retaliation are unlawful.  You have the right to report inappropriate behavior, and to be free from threats, intimidation, demotion or termination as a result of your good faith report.

How We Can Help

We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, and we would be happy to help you. 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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