Can My Employer Fire Me for Reporting Sexual Harassment?

Employers must investigate any reports of sexual harassment and not punish those who file such reports. Whether you are reporting sexual harassment that you experienced or that you might have witnessed happening to another worker, your employer cannot retaliate by firing you.

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to allow sexual harassment to occur in the workplace. It also makes it illegal to retaliate against a worker for reporting sexual harassment. In addition, the New Jersey Law Against Discrimination (NJLAD) also says it is illegal for an employer to ignore sexual harassment complaints or retaliate against workers who report sexual harassment.

When an employer retaliates against a worker for filing a sexual harassment complaint, that worker could file a complaint with the Equal Employment Opportunity Commission (EEOC). The worker can also file a complaint with the Human Relations Commission.

When you file a complaint with the EEOC, the agency can take up to 10 months to investigate the complaint. When the EEOC confirms there is good reason to conclude the firing was unlawful, you could file complaints in federal and state courts in New Jersey.

What Is Considered Sexual Harassment?

Sexual harassment includes unwelcome sexual advances, comments, etc. in the workplace. The harassment might include unwanted touching, bawdy comments, or the seeking of sexual favors. Sexual harassment might come from a coworker, manager, or employer. No matter the source, sexual harassment is illegal, and you cannot legally be fired for filing a complaint.

What Should I Do if My Employer Has Fired Me for Reporting Sexual Harassment?

New Jersey is an at-will employment state. This means that your employer can terminate your position with no reason given. When the termination occurs after filing a complaint for sexual harassment, you could make a case for retaliation. You also could challenge a sudden change in your work hours, work conditions, or other types of workplace retaliation.

An experienced employment attorney can help you file a complaint. Your attorney can build a strong legal case and support it with compelling evidence so that you have the best opportunity to hold your employer accountable.

South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Will Help You if You Have Experienced Workplace Retaliation

Our experienced South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC can help you fight workplace retaliation. Call us at 856-235-7075 or contact us online to schedule a free consultation today. Located in Mount Laurel and Atlantic City, New Jersey, we represent clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.