Exploring Sexual Harassment Retaliation in the Workplace

What’s worse, however, is when accused parties retaliate against those who have filed sexual harassment complaints, further abusing their power by limiting, demoting, or otherwise lashing out against the victim in question. Like the harassment itself, this act has become increasingly highlighted in a legal sense, and laws have adapted to meet a similar “no tolerance” policy and ensure victims are protected.

Identifying harassment retaliation

Common forms of retaliation include, but are not limited to:

All of these scenarios can be considered violations of EEO law and can thus be appropriately reported.

Avoiding and/or Pursuing legal action

Employers should put processes in place within the workplace to avoid and prevent sexual harassment and the potential for retaliation. It is always better to be proactive and avoid litigation, which can be costly and can damage a businesses reputation. Employees, on the other hand, should feel comfortable with pursuing such valid claims without the fear of retaliation. For either scenario, that of avoidance or pursuit of such cases, consult legal counsel as soon as possible. Initial discussions will likely aim to determine the workplace environment and whether or not an actual or potential action would have has merit; for example, was an action taken to be retaliation related to a legitimate, non-retaliatory performance issue or general logistical need? For the employer, does the process need modification, for the employee is further legal action a viable option.

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