Law

Can My Employer Fire Me For Reporting Sexual Harassment?

Sexual harassment at the workplace is illegal. It violates the Civil Rights Act, which safeguards job applicants and employees from employment discrimination. An employee is not supposed to be fired for reporting sexual harassment in their workplace. The person who files sexual abuse or harassment can get fired but not on the basis of the sexual harassment complaint. Employers have to show their real motive for termination.

Therefore, it is often difficult to prove that the sexual harassment report is the reason for the termination. It is essential to talk to a knowledgeable sexual harassment lawyer and get legal advice to help you make connections and give you a sound knowledge of legal procedures. 

Can my employer fire me for reporting sexual harassment?

A hostile work environment includes the following behaviors:

  1. Unpleasant sexual comments.
  2. Offensive touching.
  3. Threatening the person if they do reject sexual requests.
  4. Inappropriate sexual comments.
  5. Demeaning acts are related to the person’s dress or act.
  6. Sending suggestive or lewd texts, emails, pictures, or other communications.
  7. Touching or rubbing other person’s clothes or body inappropriately.

In order to prove a hostile work environment claim, the employee should confirm the following.

  1. The behavior was directed to the person precisely due to their gender.
  2. The behavior ar persuasive enough to affect the employee’s ability to do work, or the harassment is so extreme that it affects the employee’s capability to do the job.
  3. The employer is liable for the harassment they allow in their workplace.

Your employer can not fire you for reporting sexual harassment in the workplace. Even if they do so, you can contact the higher department and file a claim against the employer. The employee can file a claim by the following method.

  • Document the case

Take the detailed, factual, and accurate dates, times, nature, and frequency of the harassment. Record the case, if possible, with images, videos, or screenshots that will help confirm the behavior.

  • Review the company policy regarding sexual harassment

You should know the employees’ rights, reporting procedures, and protection against retaliation.

  • Report the behavior

The employee should report the inappropriate manners to the higher authority and those involved in decision-making powers.

If the employer does not responds satisfactorily to the claim, you should file a claim with the EEOC. An employee should file the case with EEOC within 300 days after the date of harassment.

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