Retaliation Against a Sexual Harassment Claim

Answer:

We had a call recently to our Lutz office during which the client asked whether they had a case for what’s called “retaliation.” She wanted to know if her employer was allowed to retaliate against her because she had filed a claim for sexual harassment. The answer is, no, the employer is absolutely not allowed to retaliate. It doesn’t matter if the claims are ultimately proved to be unsubstantial; it doesn’t make a difference. They cannot retaliate against you.

As you may imagine, proving retaliation is difficult. There’s a temporal aspect to it. If you have a case where you filed a sexual harassment claim and three years later your employer exhibits conduct towards you, quite frankly, that’s probably not retaliation. If there’s a temporal aspect to it, where the retaliation or a pattern of practice occurs shortly after you file a claim, have a lawyer who is experienced in handling retaliatory discharge claims evaluate it for you. We can do that for you and we’d be glad to do so. Give us a call.