If you have faced retaliation for reporting workplace harassment, a labor lawyer in the Glendale, California, area may be able to help.
Can You File a Lawsuit for Retaliation After Reporting Workplace Harassment?
And the short answer is yes! There are strong protections under California law for employees who report workplace harassment. The Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against an employee who reports harassment for protected characteristics such as sex, disability, or race. If your employer retaliates with actions such as creating a hostile work environment, demotion, or termination, you can file a lawsuit. There are, however, several things to be aware of before you go this route.
The Long Answer
Identify the Retaliatory Act
What exactly has happened that you saw as retaliation for reporting workplace harassment? California defines retaliation as any adverse actions that are linked to your action (reporting workplace harassment). An “adverse action” could be creating a hostile work environment with threats, derogatory comments, and further harassment. It could look like reduced hours, disciplinary actions, job re-assignment, salary cuts, demotion, or termination. The intention of the law is to foster a safe work environment and make sure that employees can report misconduct by their employer with no fear of reprisal.
See if you can put into words what exactly has happened since making the report. If you can describe exactly what you have experienced, then it will be easier to take the next step.
Gather Evidence of the Retaliation
The next step is to collect evidence that corroborates your account of what happened. If possible, keep a written account of all incidents, as well as copies of all communication. If you have reported anything via email, request delivery and read receipts. Think of who has seen or was aware of what was going on, and ask them to provide written statements describing what happened. The more evidence you gather, the better you will be able to prove what happened.
Report the Retaliation Internally
Before seeking help from an outside source, consider reporting to a supervisor or to your company’s HR department. It’s always best, if possible, to resolve issues before taking them outside; those who know the situation well are often the best ones to solve them. And even if reporting the issues won’t resolve them, it’s a good idea to make your employer aware of the situation. However, if reporting internally is not a possibility because of fears of further repercussion, or if such reports are ignored, it’s time to have your lawyer go to the California’s Civil Rights Department.
File an Official Complaint
Before you file a lawsuit, you must file a complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing). For certain types of retaliation, such as any related to workplace safety or health, you may also be able to file a complaint with the Labor Commissioner’s Office.
The complaint must outline the act (or failure to act) that you believe was done in retaliation for your report of the harassment. Detailed documentation must be included, such as descriptions of what happened, any corroborating evidence, and names of people who witnessed the retaliation. The complaint must be filed within three years of the retaliatory act or acts. Once you file, the Civil Rights Department will attempt to help you resolve the issue with your employer.
Wait for a Right to Sue Letter
If the Civil Rights Department does not succeed in helping you to resolve the situation, or if a certain period of time has passed, it will issue a right-to-sue letter. You are then free to proceed with a private lawsuit. The burden of proof will be on you, as the one bringing the case. You will need an experienced lawyer to help you through the legally required steps for bringing a lawsuit.
File a Lawsuit
To file a lawsuit, you must file a complaint with a California superior court within one year of receiving the right-to-sue letter. You must outline the claim you are making (retaliation). California’s Fair Employment and Housing Act (FEHA) is the main piece of legislation that protects employees from workplace harassment and retaliation and therefore provides the main legal basis for a civil lawsuit. Section 1294(h) prohibits employers from discharging, expelling, or otherwise discriminating against any employee based on practices protected by FEHA.
You must also state clearly what it is that you seek to gain; for example, reinstatement in your position, compensation, etc. This is the start of the formal legal process against your employer and when it is especially necessary to have a lawyer help you submit all required documents and meet all court deadlines.
Go Through the Process
A lawsuit follows predictable steps, although each step may take some time to complete. The first step in a lawsuit is discovery: each party must share evidence with the other side. Depositions may be necessary. At any point in the process, either side may seek a settlement or at least mediation in hopes of a settlement before going to court.
If there is no resolution, then the case will proceed to trial. Each side will present to the judge or jury. They will decide if what you claim indeed happened, and if you should be given what you are asking for. Be ready for this process to take a while; a lawsuit can take months, even years, to resolve. At any point during the trial, you or the defendant may offer to settle outside of court; if the offer is accepted, then the lawsuit will be dismissed.
Receive a Judgment or Settlement
If the court decides in your favor, i.e., you win, then the court will award you some or all of what you ask for, based on their assessment of the circumstances. If the court does not rule in your favor, it may be possible to appeal the court’s decision. An appeal after a trial court’s final judgment, however, does not mean just asking that the case be retried.
Not every loss can be appealed; an appeal will be allowed only if it is based on the court making a legal error. If you are certain that the court has misinterpreted the Fair Employment and Housing Act, has excluded key evidence or admitted illegal evidence; has made a procedural error; or has given the jury incorrect instructions that swayed the verdict, you may have grounds for an appeal. Keep in mind, though, that an appeal is not a guarantee of success.
Consult a Labor Lawyer in Glendale, California
A good lawyer can be the difference between winning or losing a lawsuit. They can assess the strength of your case to determine if you have a solid claim under the FEHA and spot weaknesses in your claim. They can help you identify the best strategy for bringing the case to court, and make sure you have the evidence you need to support your claims. And, of course, their knowledge and experience with the legal process will be invaluable as you pursue a lawsuit.
Contact the experience team of attorneys of Haig B. Kazandjian Lawyers APC today. We proudly serve clients across California. Visit us at our Glendale office at:
Haig B. Kazandjian Lawyers APC
801 N. Brand Blvd., Suite 1015,
Glendale, CA 91203
Phone: (818) 696 2306
