Is it possible to face retaliation for reporting sexual harassment in the workplace? Unfortunately, the answer is yes. However, understanding the various forms of retaliation and the legal protections in place can empower employees to stand up for their rights without fear. By contacting Holman Schiavone Law, LLC, we go over the intricacies of retaliation, the laws that protect employees in Kansas City, and the steps to take if you find yourself asking, “What if I was fired for reporting sexual harassment in Kansas City?”
Call our team today at 816-399-5149 to discuss your situation and seek guidance on protecting your rights. At Holman Schiavone Law, LLC, we understand the concern about retaliation for reporting sexual harassment. We provide comprehensive insights into the intricacies of retaliation, the legal protections available in Kansas City, and the steps to take if you face adverse actions like termination.
Understanding Retaliation for Reporting Sexual Harassment
Workplace retaliation after reporting sexual harassment can manifest in several ways such as termination, demotion, or the instigation of a hostile work environment due to harassment in the workplace. This hostility often compromises an employee’s performance.
In some cases, the retaliation may involve quid pro quo harassment, where a job-related loss is threatened in exchange for sexual harassment. Understanding your rights and protections under both federal and state laws is crucial.
Forms of Retaliation
Adverse actions against an employee for reporting sexual harassment, like termination, demotion, or harassment, constitute retaliation. In a workplace setting, retaliation can manifest in various ways, such as:
- Denial of promotions
- Negative performance evaluations
- Exclusion from meetings or important projects
- Increased scrutiny or micromanagement
- Unfair disciplinary actions
Subtle forms of retaliation can also occur, such as:
- Isolation or the silent treatment
- Badmouthing to colleagues
- Unjustified performance evaluations
- Switching to undesirable shifts
Discrimination prohibits sexual harassment laws, which forbid actions such as unwanted sexual advances that constitute sexual harassment and retaliation for reporting it.
Legal Protections Against Retaliation
Federal and state laws, including Title VII and the Kansas Act Against Discrimination, provide legal protection against retaliation for reporting sexual harassment. Kansas law offers protection against sexual harassment for employers not covered by federal regulations. Protection against retaliation for reporting sexual harassment is included under both federal and state laws, including Title VII and the Kansas Act Against Discrimination.
When filing a Charge of Discrimination with the EEOC, it’s crucial to meet the strict time limits and provide accurate information to support your claim. By having another individual or organization submit a claim on your behalf, it is possible to safeguard your identity.
Kansas City’s Specific Laws on Retaliation
Kansas City has its own laws in place to protect employees from retaliation, including the Kansas Act Against Discrimination and the Missouri Human Rights Act. These state and federal laws protect employees from workplace sexual harassment and retaliation for reporting it.
Employees should familiarize themselves with their rights under these laws and act accordingly if they encounter retaliation.
Steps to Take if You’ve Been Fired for Reporting Sexual Harassment
If you’ve been dismissed for reporting sexual harassment, measures like compiling evidence, submitting a workplace sexual harassment complaint to the relevant authorities, and seeking legal counsel are essential to protect your rights.
Document any evidence of sexual harassment and your reporting of it, such as emails, texts, or other forms of communication. Seek counsel from a knowledgeable employment lawyer at Holman Schiavone Law, LLC to evaluate your options for filing sexual harassment claims, including a workplace sexual harassment claim or a sexual harassment lawsuit against your employer.
Keeping a record of harassment and retaliation incidents provides critical proof to support your claim and assists in pursuing legal action. When documenting workplace harassment and retaliation, it is imperative to include:
- Employment reviews before and after the protected action
- Pictures of any physical injuries and relevant medical records (if applicable)
- Mental health records (if applicable)
- A detailed description of incidents of retaliation, comments, actions, or touchings that contribute to a hostile work environment.
Additionally, important documents such as pay stubs, records of hiring and termination, and any written or verbal statements related to the incidents should be included. This documentation will be crucial in supporting your claim and ensuring you have the necessary evidence to seek justice.
Filing a Complaint with Relevant Agencies
To maintain your right to sue, it’s vital to complain with the Kansas Human Rights Commission or the Equal Employment Opportunity Commission (EEOC) within the stipulated timeframes. Complaints of employment or public accommodation must be filed within six months of the last alleged discriminatory act, while housing complaints must be submitted within one year of the last incident.
When filing a complaint with the EEOC, the necessary documents may include:
- A completed Charge of Discrimination form
- Any supporting evidence, such as emails, documents, or witness statements
- Any relevant employment records or documentation
- Proof of any attempts to resolve the issue internally, such as correspondence with HR or management.
Federal laws, such as Title VII of the Civil Rights Act, protect employees from sexual harassment and retaliation in the workplace.
Seeking Legal Advice
Holman Schiavone Law, LLC can:
- Assess your case
- Advise on the optimal course of action
- Represent you in court proceedings
- Provide legal advice and guidance on the available options to challenge sexual harassment, such as filing a charge of discrimination against the employer with the pertinent agency
- Evaluate the case for potential retaliation claims if the employer takes adverse action against the individual for reporting the harassment
Finding the right attorney for your case can make all the difference in ensuring your rights are protected and receiving the justice you deserve. You may wish to contact your local bar association for referrals to knowledgeable employment attorneys in your vicinity. Furthermore, you may research online for attorneys who focus on employment law.
Contact Our Kansas City Sexual Abuse Lawyers for Compassionate Advocacy and Justice
At Holman and Schiavonne, we stand unwavering in our commitment to those who have faced the devastating consequences of reporting sexual harassment. Our dedicated team of Kansas City sexual abuse lawyers understands the challenges you’ve encountered, and we are here to champion your rights and fight for the justice you deserve.
If you or someone you know has experienced wrongful termination due to reporting sexual harassment, don’t hesitate to call Holman Schiavone, LLC for assistance. Contact us today at 816-399-5149 to schedule a confidential no cost consultation. Let us be your advocates, standing by your side to hold accountable those who have violated your rights. Together, we’ll work tirelessly to bring about positive change and ensure a brighter, harassment-free future. Your voice matters, and we are here to make it heard.
Frequently Asked Questions
Can an employer be liable for a manager sexually harassing an employee?
Yes, an employer can be liable for a manager sexually harassing an employee, as established by the U.S. Supreme Court ruling in Ellerth and Faragher v. City of Boca Raton. The employer is strictly liable for negative employment action such as termination, failure to promote or hire, and loss of wages per federal law.
What constitutes retaliation for reporting sexual harassment?
Retaliation for reporting sexual harassment may include termination, demotion, or other adverse actions taken against an employee.