An employee may file a claim if they experienced harassment at work. Perhaps they are claiming they were culturally discriminated against, verbally abused, cyberbullied or inappropriately touched by a coworker, manager or employer. If the harassment claim becomes public, it could severely harm a business’s reputation and jeopardize business relationships
Business owners may attempt to protect their business by firing the employee who filed the harassment claim. However, firing an employee after they reported workplace harassment can lead to serious legal issues. Here is what you should know:
Employee rights under the Equal Employment Opportunity Commission
Under the Equal Employment Opportunity Commission (EEOC), reporting workplace harassment and discrimination is considered a protected activity. Title VII of the Civil Rights Act protects employees from retaliation for engaging in a protected activity.
Firing an employee who recently filed a harassment claim could be considered a form of retaliation. Furthermore, reducing an employee’s pay or hours, demoting their role or threatening an employee is also considered retaliation. If an employee believes they were wrongfully terminated, they could file a claim against a business.
How to handle a workplace harassment claim
If an employee files a workplace harassment claim, it is important to respond immediately and conduct a prompt investigation into the claim. Acknowledging the claim and taking it seriously can help assure an employee that the issue will be addressed. Once a harassment claim is investigated, a business can determine whether there is credible evidence to take action against the accused party.
Professional legal guidance can help businesses address retaliation claims and respond appropriately to harassment claims.