Retaliation after a Sexual Harassment Claim

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At times a person will have something happen to them such as having a racial comment made against them or even having been sexually harassed where they file a claim to this having happened. Some employers do something, however, that could be considered questionable by firing the person soon after this happens. This can be due to justified reasons or be because of other reasons that were not appropriate such as firing the person due to the clams they made.

What is Retaliation after a Sexual Harassment Claim

When a person who has been sexually harassed or harassed in any other form files that this has happened to their company the company is supposed to take the proper actions and make sure that this is not able to happen again to the person in question or to other people by the person who did the act. Some of the time this does not happen and in fact some of the time a company will fire a person who has made a claim to try and cover up what happened or for other political reasons.

When this happens, if the reason is not justified then the company has made an unlawful retaliation, such as an employee retaliation, to a sexual harassment claim or another type of claim. While this does happen in regards to things that do not have to do with sexual harassment, sexual harassment is the one that is most commonly seen and one of the more detrimental things that can happen thought here are also many others.

What will I need to be able to fight back against an unlawful claim?

One thing that you may want to have if you are going up against a business is a copy of your original complaint or filing of sexual harassment. If you also have an additional complaint that was made to the state or in a court of law you will want to have that copy and be ready to show it. If you have a lawyer you will want to provide it to them but if you are trying you case on your own because you cannot afford a lawyer or for other reasons you will want to submit the items ahead of time as evidence.

You also need to be able to prove that not only was your employer aware of what happened, (which can be proved through your copy of your filing with them) but also that what happened to you was adverse in terms of the reactions that the company had to your reporting or filing a claim. The company that has employed the person in question will get a chance to be able to explain their actions and whether or not they were justified and as long as these accusations are able to be proven false you will have what you need. If this has not happened to you but you are looking to make a claim it has, it would be severely advised against.

This article is provided for informational purposes only. If you need legal advice or representation,
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