January 10, 2016

Employment News Employment Retaliation Hostile Work Environment Sexual harassment Wrongful Termination

Appeals Court Reinstates Retaliation Lawsuit of Sexual Harassment Victim Advocate

Many employees are concerned about reporting sexual harassment claims or sexually harassing acts because of the risk of retaliation. Facing the aggressor, getting demoted, or even termination are real fears for anyone who has suffered sexual harassment in the workplace. Fortunately, Minnesota and federal laws protect victims of sexual harassment against retaliation and their advocates.

Many employees are concerned about reporting sexual harassment claims or sexually harassing acts because of the risk of retaliation. Facing the aggressor, getting demoted, or even termination are real fears for anyone who has suffered sexual harassment in the workplace. Fortunately, Minnesota and federal laws protect victims of sexual harassment against retaliation and their advocates. Recently, a U.S. appeals court reinstated a retaliation lawsuit filed by an employee who suffered termination after advocating on behalf of a sexual harassment victim.

Victim of sexual harassment suffers retaliation by co-workers after reporting
Although the sexually harassing manager was terminated in this case, the reporting employee suffered increased hostility and retaliation from co-workers as a result of the reporting. The plaintiff made efforts on behalf of the harassed employee and complained to the company that the retaliation against the victim was not being properly handled. The plaintiff also offered additional ideas on how to better resolve the situation.

Plaintiff is fired after taking “pro-employee” stance in sexual harassment litigation
The plaintiff was later terminated only a few weeks after the harassment lawsuit was settled and told that he was being fired for not taking a “pro-employer” stance during the litigation and settlement. The plaintiff then filed a lawsuit against the company, alleging that the termination resulted in a violation of Title VII’s anti-retaliation provisions. While the case was initially dismissed in the U.S. District Court, holding that the plaintiff did not engage in any “protected oppositional conduct,” a three-judge panel in the 4th Circuit unanimously reinstated the case.

Advocates of victims are also protected against retaliation
The implications of this case could be far-reaching, extending protections against retaliation beyond to those who advocate on behalf of sexual harassment victims. According to the Appeals Court panel, the plaintiff’s activities were protected activity, thus expanding the zone of protection for employees who suffer retaliation in relation to sexual harassment claims.

Have you suffered sexual harassment or retaliation for supporting a victim?
Any victim of retaliation in relation to a sexual harassment complaint deserves protection. If you are a victim of sexual harassment or suffered retaliation, including job termination, demotion, or hostility in the workplace, you may be entitled to compensation. At Wanta Thome PLC in Minneapolis, our experienced lawyers can help you protect yourself in any dispute related to sexual harassment and retaliation. Call 612-252-3570 for more information or to learn about your rights under Minnesota state and federal employment laws.