What Can I Do When My Boss Threatens to Reassign My Job Responsibilities When I Was a Witness to Sexual Harassment?

Question:  My best friend and I work at the same company and she filed a sexual harassment claim against our boss.  While the human resources department was investigating the claim, they asked me several questions about the incidents that I witnessed.  Now my boss is telling me that he plans to reassign me to a job that is well below my experience and pay grade.  What recourse do I have?

Response:  Not only is sexual harassment against the law, but so is retaliating against an individual for complaining about sexual harassment or for participating in an investigation of sexual harassment in the workplace.  If you complain about sexual harassment and are made to take an unpaid leave of absence, and the harasser continues to work, this can be construed as retaliation.  If you were a witness to sexual harassment and notified the officials regarding the inappropriate conduct of a co-worker, and then were reassigned to a less desirable position, the can also be seen as revenge or retaliation.

If your employer retaliates against you for complaining about sexual harassment or for participating as a witness in a sexual harassment investigation, you may want to file a lawsuit in federal or state court.  However, it is imperative that you first file a formal complaint with the federal Equal Employment Opportunity Commission (EEOC) and/or your state’s fair employment agency.  If you do not receive a fair disposition in your claim, your next step is to seek legal advice from a qualified professional.

Answered by Linda Adams

Additional Resources:

• Sexual Harassment In The Workplace                        
• U.S. Equal Employment Opportunity Commission

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