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California Employment Lawyers > Blog > Employment > Are You Being Retaliated Against For Bringing A Sexual Harassment Claim?

Are You Being Retaliated Against For Bringing A Sexual Harassment Claim?


If you are working in a hostile environment due to sexual harassment, it can be difficult determining how to move forward. There are a lot of factors to weigh, including the impact that the ongoing harassment could have on you and others, as well as whether you will face backlash for coming forward.  You should be comforted knowing that it is illegal to retaliate against someone for engaging in a protected activity, such as reporting illegal harassment, in the state of California. This is true even if you were not the person to experience the harassment, but just to report it. If you have had detrimental action taken against you at work, such as a demotion, loss of work shifts, or even being fired, after reporting workplace sexual harassment, you may have a claim for retaliation. It’s important to speak to an experienced California employment attorney as soon as possible if you believe you have grounds for a retaliation claim. The information in this article is intended to be general. However, if you would like specific information based on your unique employment situation, you are welcome to contact Costanzo Law Firm to schedule a consultation.

What does Retaliation Look Like at Work?

It’s important to understand that not all negative interactions or experiences at work rise to the level of retaliation. In order to constitute retaliation, your employer must take adverse action against you or your employer must engage in conduct that cumulatively causes substantial adverse effects to the terms and conditions of your employment. As uncomfortable as it can be to get the cold shoulder in the office or engage in countless terse interactions, these do not necessarily amount to retaliation unless they have a materially adverse effect on your employment overall. For instance, if you feel like people are ignoring you (or even if they actually are) this is still unlikely to constitute retaliation until it has a tangible negative effect on your employment. This may occur if your supervisor intentionally doesn’t tell you about meetings or responsibilities, causing you to perform poorly or miss out on opportunities that otherwise would have been available to you. In most cases, you must be able to quantify the damage financially. However, being assigned to a less desirable office, having work at home privileges dropped, or other unfavorable and material changes to your employment status can also constitute retaliation. If you believe that you have been retaliated against for engaging in a protected activity it’s important to consult with an attorney as soon as possible so that you can take all necessary actions to move forward with a claim.

Talk to a San Jose Employment Law Attorney

If you have been retaliated against by your San Jose or greater California area employer, it’s important to take action now. The experienced San Jose employment attorneys at Costanzo Law Firm are ready to fight to hold your employer accountable for their illegal behavior and get you the highest settlement that you are entitled to. Contact Costanzo Law Firm today to schedule a personalized consultation and find out how we can help you.



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