You finally report the sexual harassment. Then, instead of feeling relieved, you start wondering whether your employer will make you pay for speaking up.
In some cases, employees fear that reporting harassment will put their jobs at risk. That fear can prevent people from coming forward, even when the conduct has gone on for months.
Texas and federal laws prohibit employers from retaliating against workers who report workplace harassment. If you make a complaint or participate in an investigation, the law may protect you from adverse employment actions that result from those activities.
What retaliation may look like after a harassment complaint
Retaliation does not always involve termination. After a harassment complaint, an employer may take other actions that affect your position, pay or opportunities at work. Examples include:
- Terminating your employment after a complaint
- Demoting you after reporting workplace misconduct
- Reducing your pay or scheduled work hours
- Issuing disciplinary action after protected activity
- Giving performance reviews that differ from earlier evaluations
- Denying promotions or desirable assignments
- Excluding you from meetings or work projects
Not every negative workplace event qualifies as retaliation. When employment actions follow a complaint, agencies and courts may examine the facts to determine whether a connection exists.
What legal protections may apply
When you report sexual harassment, participate in a workplace investigation or support another employee’s complaint, you generally engage in protected activity under employment laws. Those laws prohibit employers from taking adverse action against you because you raised a workplace concern.
These protections may apply even when an investigation does not find enough evidence to support the underlying complaint. The focus may remain on whether you made the report in good faith. If you work for a federal agency, different procedures and deadlines may apply than those used in many private-sector workplaces.
What information may become relevant in a retaliation claim
Retaliation claims usually depend on the facts surrounding a complaint and what happened afterward. Documents and workplace records can help establish a timeline. Examples of information that may become relevant include:
- Copies of complaint emails or written reports
- Performance evaluations from different time periods
- Records of disciplinary actions
- Statements from coworkers with relevant information
- Documents showing the timing of employment decisions
No single document determines the outcome of a retaliation claim. Instead, courts and agencies review the full set of facts, including communications, employment records and the sequence of events.
Why retaliation protections exist
Employees may hesitate to report sexual harassment if they believe doing so could put their jobs at risk. Anti-retaliation laws address that concern by prohibiting employers from taking adverse action against workers who engage in protected activities.
Whether retaliation occurred depends on the specific facts of each situation. However, the law recognizes that employees should be able to raise concerns about workplace harassment without facing punishment for doing so.