Sexual Harassment Retaliation – Can You Be Fired for Reporting Sexual Harassment?

Having to endure sexual harassment in the workplace is bad enough. But it’s even worse to worry about losing your job for reporting this all-too-common workplace violation.

Many victims of sexual harassment worry about retaliation, and this is a legitimate concern. Many unscrupulous employers, unfortunately, do fire workers for reporting sexual harassment. It also affects workers’ ability to pay their bills, advance their careers, and get future employment.

Can your employer fire you for reporting sexual harassment?

In this article, we will answer this question and also provide information about your rights as an employee in New Jersey. We provide expert advice from our legal team at McOmber McOmber & Luber. We can help if you fear being fired for reporting sexual harassment or if you have faced retaliation.

What Is Retaliation in the Workplace?

Workplace retaliation is when an employer seeks revenge for an employee who does something they don’t like. Typically, this involves the worker reporting or exposing something illegal in the workplace, such as harassment, discrimination, or wage theft. This is sometimes known as whistleblowing because the employee “blows the whistle” to alert others of the employer’s infractions.

Reporting sexual harassment often makes workers the target of retaliation. Employers rely on employees staying quiet because of fear or embarrassment. This only makes the worker’s situation worse. If the sexual harassment included sexual assault, the experience may understandably be even more traumatic for an employee.

Retaliation can take many forms, such as:

• Schedule changes
• Isolation
• Demotion
• Denying promotion
• Poor performance reviews
• Firing

When an employee is fired for reporting sexual harassment at work, this is also wrongful termination. The employer has now committed at least three violations:

1. Sexual harassment
2. Retaliation
3. Wrongful termination

Seeing workplace violations overlap like this is not unusual. That’s one reason many victims consult with an employment attorney. These cases can get complicated quickly. It is wise to understand your options and what you may be entitled to regarding restitution and/or damages.

Legal Protections Against Retaliation in NJ

There are two tiers of protection for New Jersey employees against retaliation in the workplace.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD retaliation protections prohibit retaliation against anyone who complains about sexual harassment or participates in investigations.

This means retaliation for reporting workplace harassment is illegal. This is true whether you report it to management, an attorney, or government authorities. They can’t demote you, give you worse work conditions, or fire you as a form of retaliation.

That’s worth repeating: sexual harassment retaliation is illegal.

Federal Protections Under Title VII

Federal law under Title VII also prohibits workplace retaliation, including retaliation for reporting sexual harassment.

So, at both the state and the national level, firing a worker for reporting sexual harassment is illegal.

Real Examples of Retaliation After Reporting Harassment

If you believe you’ve been the victim of retaliation for reporting sexual harassment, it can feel overwhelming. You might doubt yourself or wonder if you overreacted.

It’s useful to see common patterns in a real case. This can help you feel sure you’re not overreacting. It also shows that you have good reasons to take action.

For convenience, we assigned pronouns to the hypothetical employees below. It’s important to remember that sexual harassment can happen between workers of any gender or orientation. It can happen between people at the same level or between different levels in the organization. For example, employees may be harassed by their managers.

Employee A has experienced ongoing sexual harassment from a coworker, Employee B. At first, it started out with jokes and sexual innuendos. But it eventually escalated to inappropriate touching and then groping. Groping, in many instances, can be considered sexual assault.

Employee A told Employee B to stop the unwanted behavior, saying it wasn’t funny and was harassment. But when it continued, Employee A reported the harassment to their mutual manager. The manager said he would “talk” with the perpetrator of the harassment, but didn’t seem as concerned as he should be.

To Employee A’s surprise, an email arrived from her manager the next day. Employee A was being demoted to a lower-level position and moved to a less desirable shift. And yet she had received top performance reviews just a few weeks before and was told she was eligible for a promotion soon.

The timing of this distressing news with Employee A’s reporting of her sexual harassment was more than a coincidence. She began to suspect it was retaliation. Her suspicions were confirmed when talking to a fellow employee. His office mate had been fired right after reporting harassment from Employee B.

Was that next for Employee A, too? She began dreading work, wondering when the hammer would fall.

What to Do If You’re Fired for Reporting Sexual Harassment

Have you already been fired for reporting sexual harassment? Document everything as much as possible. This means emails, text messages, and other correspondence with your employer and any coworkers involved. Do not erase any of these communications, even if they seem embarrassing to you.

The next step is to seek legal counsel. An employment attorney can go over your case and help you formulate a plan. This may include suing your employer in court.

Do you fear that you will soon get fired for reporting sexual harassment? As suggested above, document everything. Do not leave this information on your work computer, on your work phone, in a work-provided locker, or in office files. Instead, keep it safe at home.

You can also talk to an attorney even if you haven’t been fired yet. You may be able to save your job and put a stop to the harassment if you act early.

If you have been fired or think you might be, we do NOT suggest filing an EEOC complaint right now. With so many changes to federal agencies at present, the EEOC’s mission and staffing are in flux. Your case will move faster and have a better chance for a positive outcome if you speak with a lawyer first. If there is a need to file an EEOC claim, your attorney can make sure it’s done properly. Speak to an attorney first to determine if you need to file with the EEOC or can file a lawsuit outright.

How McOmber McOmber & Luber Can Help

McOmber McOmber & Luber has vast experience in handling sexual harassment and retaliation claims. We are here to protect your employee rights after reporting harassment. And we are also experts in cases involving wrongful termination in New Jersey. We have an outstanding track record in obtaining settlements and verdicts for clients just like you.

It starts with a free and confidential consultation. We go over your case and let you know if we think retaliation has indeed occurred. Then, we advise you about how best to proceed next, whether that’s negotiating with your employer on your behalf or taking the case to court. If you wish for us to represent you, we will guide you every step of the way.

Remember, firing someone for reporting sexual harassment is retaliation, and it’s illegal in New Jersey.

If you were fired or retaliated against for reporting sexual harassment, you may have a strong legal claim. Contact McOmber McOmber & Luber today to understand your rights and take action.  You can reach us at our Red Bank office at 732.842.6500, our Marlton office at 856.985.9800, our Newark office at 973.878.9040, our New York office at 929.566.1300, our Philadelphia office at (267).777.7800, toll free at 888.396.0736, or through our online contact form .